Implementation Of The Relief System Theory

The execution of relief system, which has its own exterior functions, foundations and applicable principles, aims at providing methods and means for interested parties or related people to oppose illegal executive organs and improper execution. According to the different characters of relief, the execution of relief can be classified as procedural execution of relief, i.e., objection of executive procedure, and entitative execution of relief, i.e., lawsuit of the execution of judgement. The objection of executive procedure aims at correcting the mistakes of executive organs in procedure, which should have corresponding subjective and factual reasons, and the procedure of the objection of executive procedure must be strictly defined. The lawsuit of judgement is the objection of court decision of the debtors or related people against the creditors' demands, so the debtors require re-judgement of the legal relationship in order to get rid of law enforcement. According to legal subjective, the lawsuit of judgement can be classified as the lawsuit of the debtors and the lawsuit of the third person that have their own formative conditions and executive procedures. In present China, the legislation on the execution of relief is imperfect and has defects in executive subjective, executive scope, working methods and so on. Thus the legislation should be perfected in both the objection of executive procedure and the lawsuit of judgement by drawing lessons from the centralized pattern of legislation.