On Legislative Defects And Perfection Of Prior Execution System In China

Modern civil litigation is being transformed to mode of beforehand prevention and realization of litigant's rights."Prior execution"has an exclusive effect of"realizing litigant's request before effective judgment, which can protect litigant's rights to be realized as early as possible and prevent the generation of secondary damage. However, compared with perfect overseas systems, our country's prior execution system lacks theoretical study with legislative technical lag, which causes this system inapplicable in the juridical practice and insecure litigant's rights. In order to make faster changes in practice of judicial relief mechanism and give better protection and realization of litigant's rights, it is necessary for us to analyze the legislative defects and origin thereof, and explore ways for perfection.Apart from the preface and conclusion, this paper consists of four parts with over 40,000 letters.Preface: brief introduction on fundamental concept, legislation history and study status of prior execution system in China and research significance of this paper. Chapter One: on the basis of full investigation on legislation and practice status of prior execution system in China, this paper analyzes legislative defects and consequence of prior execution system in detail so as to explore the primary reasons for existence of the legislative defects.Chapter Two: by making use of comparative analysis method, this paper conducts investigation on legislation and present application of system relating to prior execution system in China and two legal systems to explore the referential experience about legislative perfection for prior execution system by integrating practical situations in China.Chapter Three: with combination of legislative defects and practice status of prior execution system in China, this paper discusses the necessity for its legislative perfection and offers theoretical basis for perfection of legislation of prior execution system from nature of system, perfection standard and other aspects.Chapter Four: the strategy and conception to perfect prior execution system in China, combining with theoretical basis for legislative perfection, puts forward legislative proposals to improve prior execution system in civil proceedings in China from functional orientation, specific procedural rules and supporting procedures.