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The Civil Execution Of Hearing

Posted on:2011-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2166360305481568Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
The civil execution of hearing is under the auspices of the judges in the implementation of the people's court hearing will be adopted in the form of organizations to apply executor, and the case outside the object Pizhihangren person (or a third person) around the execution and implementation of Pizhihangren whether objections from the establishment of to present evidence, cross examination, to identify the implementation of facts of the case to determine whether and how the implementation of such issues as the implementation of activities. The establishment of the implementation of hearing system, allowing the parties to fully understand the nature of the implementation of the people's courts, the implementation of legal norms of the content and implementation of staff duties and mission, so that the implementation of the people's courts under the sun to facilitate the implementation of justice. This addition to the introduction and conclusion, the text is divided into three chapters.The first chapter mainly to the implementation of the connotation of the hearing to define and analyze the implementation of China's current process, the implementation of the hearing reflected the value of equity and efficiency, as well as a way to promote the implementation of change, promoting separation of the Conference executive function. Judicial practice in China, the civil jurisdiction difficulty in implementation is widespread, many of entry into force of the civil court decision can not be effectively complete the implementation of decisions of the Court to become "legal IOUs" phenomenon becomes stronger, greatly affected the decisions of the Court's authority. Precisely because of difficulty in enforcement, the implementation of chaos, lack of implementation of the relief will allow us in the judicial practice, had to make the implementation of hearing such a system. Therefore, in Chapter II of this article, and highlights the need to generate our implementation of the hearing.The civil execution of hearing procedures in ensuring the implementation of the correct application of law, regulation enforcement, to enhance the transparency of the implementation to guarantee the full exercise of the proceedings the parties the right to protection of citizens, legal persons and the legitimate rights and interests of other organizations played an important role. But throughout the trial, some specific provisions unsatisfactory, judicial practice, also created some problems. Therefore, in the second chapter also focuses on the inadequacies of our implementation of the hearing.In analyzing the need generated by our civil execution of hearing, as well as operation in practice a number of issues arise, based on the body of Chapter III of the bold hearing on China's implementation of some of the basic ideas put forward. Set in China's the civil execution of hearing officer is not enough science, based on the people's jury system will be introduced into the civil execution of hearing process, will make full use at different positions, with different expertise and skills talents into full play their respective advantages improve the civil execution of hearing procedure success rate and efficiency.
Keywords/Search Tags:The Civil Execution of Hearing, Necessity, Problems, Constructio
PDF Full Text Request
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