Analysis Of Claims Voucher System

The procedure of civil execution is necessary for most civil proceedings, it is the goal to actually ensure that the rights of the execution applicants determined by judges can be realized, and at the same time, to remain the judiciary authority of our country`s laws. From the point of view of our country`s civil proceeding construction, executive process is at the end of one civil procedure in our country, and its importance is self-evident. After the case determined by the judges, if the creditor`s right enters into the executive procedure, there will be no other remedies. Consequently, the executive departments of courts must run out of all their methods to protect the executive applicant`s lawful rights, and it is one useful method that the credence system of creditor`s rightsare used in our country`s civil executive procedure, which is derived from Civil Enforcement Act of Taiwan Island. The author of the article thinks that it is useful to introduce the credence system of creditor`s rights for the smoothly carrying out judgements and the completely realization of the creditor`s rights. In general, the credence system of creditor`s rights is good for our country`s civil executive procedure in judicial exploration.The thesis is divided into four sections:The first section analyses the content of the credence system of creditor`s rights and expatiates the definition and the function of the credence system of creditor`s rights. Either under the concept of civil resjudicata or the terminal goal of civil execution, the executive departments must run out of all the methods to ensure complete realization of the creditor. The definition of the credence system of creditor`s rights is discussed from the different aspects such as the concept origins, essence, characters and the developing conditions. The function can be divided into the fundamental one and the practical one. The article also elaborates the necessity and the possibility of the credence system of the creditor`s rights.The second section makes a contraction between the credence system of creditor`s rights and the analogous systems such as the system of suspension of execution and the system of conclusion of execution, which is useful to completely apprehend and master the system.The third section presents the problems existing in civil execution in our country. Now the enforcement of the credence system of creditor`s rights have no any law authority, which is just one useful exploration. So it is necessary existing problems in judicial practice. The forth section give advices for the perfection of the credence system of creditor`s rights. The article discusses feasible settlements for the perfection of the system in the aspects such as the scope, condition, procedure of the issuing of credences of the creditor`s rights.the credence system of creditor`s rights is one exploration, and I hope the article will be helpful to solve the practical problems in civil executive procedure and to fully protect the executive applicant`s statutory rights and interests and law authority .