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Civil Forcible Execution Of Our Country

Posted on:2011-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:G F DanFull Text:PDF
GTID:2166360308469236Subject:Law
Abstract/Summary:PDF Full Text Request
Civil forcible execution is a system of protection of private rights by public power to achieve, which is the general term for a set of rules by regulating the subject of civil forcible execution, execution of the conditions, execution of procedures, and it is an important component of civil action. The so-called operation of the system of civil forcible execution is the whole process of act from the law design of regulating the action of civil forcible execution to the completion of execution. It can be said that the operating conditions of existing system of civil forcible execution is not ideal,such as debtor difficult to find, property executed hard to look for,assistant in the execution difficult to seek help, property implemented difficult to move,the difficulties in enforcement still exists.All these has become an urgent task of judicial reform in our country. The reason is very complex,and has both imperfect legislation issues,but also the concept behind the problem and the implementation is not in place. In order to improve the system of the civil forcible execution and its related legal system and to resolve execution issues during the operation, we should take some measures. First, to timely introduction of the act of civil forcible execution and to separate the rights of implementation from adjudication andseparate,and to carry out executive-trial implementation of the separation system.Second, to improve the property declaration, investigation and reporting systems, so as to address the issue of unease implementation of the property. Third, construct inspection and supervision system of civil forcible execution to ensure the enforcement of civil rights law to exercise,and to solve the problem of property. executed difficult to move. Forth, perfect the system of civil forcible execution remedies to protect the lawful rights of the man applied for enforcement and of the man executed. Strengthening above-mentioned system of construction,we should change the concept of enforcement and introduce "the principle of the parties "in the program of enforcement,and enhance awareness of both equally important trial-execution and protection concept of human rights,with the correct ideological guidance of the operation of the civil enforcement system.
Keywords/Search Tags:Civil forcible execution, Property declaration system, The system of property investigation, Implementation of the relief system
PDF Full Text Request
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