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Civilian Implementation Of The Relief System Study

Posted on:2005-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:L S WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Execution refers to a legal system which the debtees can adopt to demand law enforcement from the executive organs if they are granted judgments and the debtors refuse to perform them. 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, ie objection of executive procedure, and lawsuit of the execution of judgment. 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 judgment is the objection of court decision of the debtors or related people against the creditors' demands, so the debtors require re-judgments of the legal relationship in order to get rid of law enforcement. According to legal subjective, the lawsuit of judgment 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 judgment by drawing lessons from legislation of other countries and pay attention to pursuit of the efficiency in civil execution.
Keywords/Search Tags:execution, the execution of relief, the objection of executive procedure, the lawsuit of court decision, the perfection of legislation
PDF Full Text Request
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