| The civil execution relief system is an integral part of the civil enforcement legal system. It not only guarantees the fairness of the civil enforcement system, but also meets the needs for rights-relief and authority-control in the civil enforcement legal system. The civil execution relief system means: During the course of civil implementation, persons involved have the right to request for judicial protection when they think their rights will or have already be infringed by illegal or improper acts of execution. Comparing the new Civil Procedure Law of the PRC with the former one, we can see many changes in the part of civil execution relief system. The changes embodies in two things: one is that the procedural civil execution relief and the substantive civil execution relief are arranged separately. The other is that we also furnish the person applying for execution with the right to apply for changing the court when necessary. Although, our civil execution relief system has been improved, relevant legal regulations still have many defects. So we need to learn from the advanced experience of other countries in legislation, overcome the shortcomings and build up a complete and mature civil execution relief system.The thesis is composed of five parts.The first part is the summary of the civil execution relief system, including the concept, characters, and functions of the civil execution relief system. And its institutional basis is also presented in this chapter. The second part is the introduction and comparative analysis of the civil enforcement relief system in Germany, Japan, Switzerland and Taiwan. The third part is talking about the good points and drawbacks of the current law legislation, compared with other countries'legal rules. The fourth part is pointing out the defects of the new law, on the basis of studying its operation status. The fifth part is putting forward with the legislative suggestions for the perfection of our civil execution relief system. |
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