Civil Right To The Implementation Of Relief And Its Mechanism

In the view of the secondary right of civil execution and its mechanism of realization, this article recarefully examined the system of executive relief in our country.Based on the research into the existing system of executive relief, the article has analyzed the necessity of studying in the view of the secondary right of civil execution and of rebuilding the system of executive relief, and the article has specifically analyzed functional space of the secondary right of civil execution and legislative experience in overseas areas and Taiwan area in our country. The article finally proposed legislation suggestions to reform and consummate the system of executive relief in our country.The whole article is divided into four chapters.First chapter: The proposed questions — recareful examinations of the system of executive relief. This chapter first elaborated present situation of studying the system of executive relief, and it has pointed out the flaws in existing research,then it has analyzed the necessity of studying in the view of the secondary right of civil execution. Finally it has analyzed elementary theory on the secondary right of civil execution and its mechanism of realization. The article believes that, the secondary right of civil execution refers to the right with which the litigants or other persons concerned can request for relief from the organs of executive relief, when they received or possibly receives violation from the behavior of civil execution.And the secondary right of civil execution belongs to the category of legal right. The mechanism of realization of the secondary right of civil execution is the system of executive relief in essence.Therefore, the system of executive relief is the mechanism of realization of the secondary right of civil execution, and it is the key for the secondary right of civil execution to transform from the legal right as the realistic right, while, the secondary right of civil execution plays a important role in the system of executive relief.Second chapter: Functional space of the secondary right of civil execution— the slight defect of civil execution. This chapter has systematically analyzed the slight defect of civil execution which is the object of the secondary right civil execution. The article believes that, the slight defect of civil execution refers to the fact that cause damage to the litigants or other persons concerned. This chapter obtains from theanalysis of functional space of the secondary right civil execution, then it draws out the quite important concept in the article ~ the slight defect of civil execution. And it is also a foundation of which the mechanism of realization of the secondary right of civil execution. Then the article discussed the cause to the slight defect of civil execution and its concrete shapes.Third chapter: Comparative analysis of the mechanism of realization of the secondary right of civil execution — experience in overseas areas and Taiwan area in our country. The chapter comparatively analyzes basic models and legal regulations of the mechanism of realization between the mainland legal system and the English America legal system country as well as the Taiwan area in our country.The article believes that, the mechanism of realization of the secondary right of civil execution may be divided into two kinds of basic models— the procedural relief of execution and the substantial relief of execution. There are differences between legal regulations in the mainland legal system, the English-America legal system country as well as Taiwan area in our country.While there also is something common to the idea and value of the secondary right of civil execution and its the realization.Fourth chapter: Consummation of the mechanism of realization of the secondary right of civil execution in our country ~ the system of executive relief. Firstly the chapter has analyzed the present situation of the system of executive relief in our country.And it has pointed out the flaws and their causes of the present system of executive relief. Then it proposed legislatial suggestions on the reform and the consummation of the system of executive relief. The article believes that it should take the secondary right of civil execution and its the realization as the core. And it should reconstruct the scientific and perfect system of executive relief. The article believed that, new system of executive relief should attach importance to realization of the secondary right of civil execution and the restriction against civil power of execution. And it should protect the secondary right of civil execution with different nature and consummate methods with realization of the civil secondary right of execution.