The Research On The Relief Procedure Of Parties' Change Or Addition In Civil Execution

The relief process of parties'change or addition in civil execution is a kind of procedural activity, which is closely related to the system of relief execution and the system of parties'change or addition. Whereas, probably just because the latter two systems have been given too much attention, so that the relief procedure of parties'change or addition, which is precisely in the middle zone of the latter two systems, does not gain enough attention and researches in the academic circles. Therefore, in this thesis, firstly, it has given a second thought to the current provisions in Chinese law upon the system of relief execution and the system of parties'change or addition, and then it makes a comparative analysis on the relevant law regulations in the other areas of jurisdiction. On that basis, through the reform of the existing relief ways in china and the introduction of some reasonable ways in other areas of jurisdiction, the thesis offers a few suggestions to the construction of the relief procedure of parties'change or addition in civil execution with a view to provide aids for the research in this field.Starting with the definition of the relief of parties'change or addition in civil execution, the thesis analyzes the necessity of this relief procedure, the theories and current law legislations that related to it, and then demonstrates that the research and construction upon the relief procedure of execution of parties'change or addition is reasonable. Next, the relevant subjects in the system of parties'change or addition would be respectively analyzed and those subjects, who are in no need to be relieved, would be gradually excluded. Then, a conclusion can be drawn that only three kinds of subject need remedy in this relief procedure. These three subjects are: the creditor, who is dimissed by the executive court when applying for the change or addition of the executive debtor; the executive debtor, who is changed or added due to the support for the above application by the executive court; and the case outsider, who is rejected by the executive court when applying for changing or adding himself as the creditor. After addressing the question of"who ought to be relieved", the thesis continues to make a study on the question about"how to relieve". Before carrying out the specific procedure building, the thesis also devotes a chapter of elaborating the general idea of relief work during the process of parties'change or addition in civil execution. This section mainly discusses the value orientation between freedom and order, justice and efficiency in the relief work, and then comes up with the principle of relief across-the-board, the principle of combination of procedural remedy and substantive remedy, and the principle of respect for the parties'procedural options. Subsequently, based on the analysis of the value orientation and basic principles, the thesis makes a further step to analyze the applicable and basic remedy ways required in the relief procedure, which lays the theoretical foundation for the construction of concrete relief procedures. In the last section, under the guidance of the previous general idea of relief and in accordance with the differences of relief objects, the writer makes a classified construction in the relief procedure of parties'change or addition. It not only offers all the relief objects the right of proposing the execution dissent and execution retrial, but also provides various relief objects the substantive relief, in way of putting forward the suit of permitting implemention and the suit of debtor dissent.