On Civilian Implementation Of The Relief System

Civil execution is the system that the parties realize private law relation of right and obligation confirmed by law in virtue of public right. Because of the limitation of execution system in existence and error or improper execution owing to other kinds of subjective or impersonal reasons, when executing organ or operational staff execute the public right ,that will do harm to legal rights and interests of parties or others who need remedy. So we should set up and consummate execution remedy system. By rectification of error or improper execution we offer procedure and entitative remedy in order to protect private right.The article shows the meaning and sorts of execution remedy. Execution remedy includes procedure and entitative remedy etc. In order to use foreign legislation experience for reference ,we compared civil execution of common law system with that of civil law system based on the legislation in England, America, German, Janpan and Taiwan.The ways of civil execution includes procedure execution remedy, entitative execution remedy, turning round of execution and judicial compensation. There are limitations in our civil execution system. It lacks in procedure execution remedy, entitative execution remedy to the obligor and the protection of entitative right of third party.We analysed realistic foundation from the sides of power origin ,person and organization,system practice , idea of the people and increasing amount of the case.We suggest that we should set up and consummate our civil execution system. First is to set up the system of procedure execution remedy about request, dissent and appeal.Second is to set up the system of entitative execution remedy in objection action of the obligor and the third party.Third is to choose appropriate execution organ.The theory and practice of civil execution has developed.It is possible and feasible to set up and consummate the system of civil execution by legislation.By the system of civil execution we can offer procedure execution remedy and entitative execution remedy to protect the private right.