Study On The Relief System Of Civil Execution

The relief system which can keep the execution procedure coming along and make rights specified in the basis of execution achieved smoothly is an important part of civil execution system. It can reduce the possibility that the execution behavior violates the legal rights of the applicant, the respondent, as well as the third party in implementation, while make the disputes happened in the execution procedure resolved in the execution but not other procedures, so the applicant can achieve his rights quickly. After The Civil Procedure Law Amendment was passed in 2007 and then other judicial interpretations worked out, the relief system had already got a great process. This paper will make specific analysis on the advancement and deficiency of relief system in China with four chapters.Chapter One is about the essential theory about civil executive relief system. Firstly, make an analysis on the word"relief"from a legal point of view, then reveal the concept, characteristics and basic types of civil executive relief system, further more introduce the different theories about lawsuit against execution. Secondly, the civil execution is a complete system, constituted by a series of rules, in which any part of the system have a problem, the result will be questioned or the rights of parties will be destroyed. This is the basis of executive relief named defective execution, which includes two different kinds: illegal and improper executive behaviors. Lastly, make a brief introduction to the legal relationship in civil executive relief procedure.Chapter Two will give an introduction and some comments about the relief system of civil execution in Taiwan in China, Germany, Japan, French and Switzerland to confirm if there are some inspirations for us. This part will also involve the different executive agencies. Then give a summary that there are three typical modes, which have general characters and individualities.Chapter Three is about the history and status of the relief system in civil execution in China. Through the analysis of the rules in the law about executive procedure before and after the year of 2007, the first and second parts summarize the development trace of this system and the focus will be on the improvement of the Civil Procedure Law Amendment. The third part gives an all-around comment on the current content of relief system in China, including the proceeding relief, the procedural of objection proceeding, and substantial relief, the lawsuit against execution, the lawsuit of permission of execution and application of retrial from the third party.Chapter Four gives some advice about the relief system of civil execution in China. In the procedural executive relief, there are no definite rules in law in some particular conditions and the procedure how to review also need to be specified. In the substantial executive relief, it is necessary that the lawsuit system of the debtor's objection should be founded. And there are some indefinite points in retrial procedure and the lawsuit against execution from the third party, which should also be improved.