On The Relief Law About Civil Execution In China

The relief law about civil execution in China is the law system of the interested party or outsider raises when they think that their lawful rights and interests are infringed by illegal or improper implementation of executive officer, request the executive magistrate authority the exercise of jurisdiction to the implementation of protection and remedies. Since the founding of New China, our current civil relief method becomes more reasonable and scientific. The "Civil Procedural Law" that is newly revised and the interpretation of the Supreme People's Court gives to the issues of civil execution have the new provisions about the civil execution. The relief law about civil execution has become increasingly stringent and detailed standards. It ensures the basic human rights and legitimate interests of the interested party and outsider raises. But the relief procedure of civil execution is not perfect, and the entities provision is not completed. It couldn't protect the relief right of the interested party and outsider raises totally. The relief law about civil execution has three important functions, such as realizing right restrict to power; ensuring justice of entity and procedure; preventing and resolving disputes. The relief law about civil execution has a special position in civil execution, because the procedure of relief execution is a special procedure and priority. The most important value target of the relief law about civil execution is justice. Therefore, it is significant meaning to researching on relief law about civil execution.The relief law about civil execution has some problems in legislation and judicial practice. The problems in legislation are demarcated between entities relief of civil execution and procedural relief of civil execution; the discord to legal instrument couldn't apply for relief easily; being inappropriate body of examining the discord to execution; being lack of discord examine process; suspending executive system can not protect the legitimate rights and interests of outsider raises. The problems in judicial practice are confusing the relief execution with trial supervision; being not unified standards of renewing the execution; making the suspended execution end; being hardly realized the justice in relief execution; being not equality in protecting the right of the interested party and outsider raises.According to the problems in legislation and judicial practice, the relief law about civil execution should be divided into entities relief of civil execution and procedural relief of civil execution. We should construct the entities relief of civil execution and make the procedural relief of civil execution. According to the difference of relief body, discord of execution is divided into the debtor discord and the third discord. It is also divided when we construct the entities relief of civil execution. In addition, we should set up the special executive trial office to make our procedures of relief civil execution perfect step by step, and give the right to appeal to the executive parties.To make the procedural relief of civil execution more perfect, we must make the principles in legislation clear firstly. The principles are protecting the right to appeal; protecting the procedural right equally; making the procedure justice. The interested party and outsider raises propose the procedural discord to execution on the basis of legal cases, then the court that is in charge of execution accepts it. The system of relief civil execution could check and supervise the actions of execution, then protect the lawful rights of the parties and outsider raises. It reflects fairness and justice and maintains the authority of executive law. In conclusion, making the relief law about civil execution perfect is inevitable.