On The Civilian Implementation Of The Relief System

The relief system of execution is an important part of civil execution system. Ithas very important meaning in protecting the rights of the litigants and the third partyconcerned, regulating the execution work of our courts, checking the powers of thecountry and safeguarding the authority of judicial power. There are very abundanttheories and mature legislations in civil law family. But in our country there are manydefects, such as the research, theories and legislation are all lack, so we are urgent toperfect. This thesis puts forward ideas by comparing the relief system of execution insome civil law countries or regions. This thesis consists of three parts: the preface,text and the conclusion. The text has four parts:First, the summary of relief system of execution. In this part, the author discussesthe concept, function and the methods of the relief system. The relief system ofexecution means the legal system and methods which the litigants or the interestedparty could ask for by requiring some branch to adopt actions or give some remedywhen they are infringed or have the danger to be infringed. The relief of execution hasseveral functions. And the methods of relief include the procedural relief and thesubstantial relief.Second, trade-off study between some countries and regions. The authorintroduces the relief system of execution in Germany, Japan, Switzerland, France andthe region Taiwan in China. Then the author gives some analysis and compare. Inthese countries and region, they distinguish the procedural relief from the substantialrelief. Meanwhile, these countries and region aim to realize justice, so they give theconcerned person enough methods to get relief.Third, analyzing the current relief system of execution in our country. In this part,the author introduces the conditions in which the person not involved in the executiveprocedure can put forward dissent of execution, the disposal of dissent and the defectof our current relief system. We have only one method to get relief—the dissent ofexecution by the person not involved in the executive procedure. There is only onearticle—No.208—in our civil procedural law. Concerning this problem, the SupremeCourt proclaims some additional regulations in "Some additional regulationsconcerning some questions in execution of people's court (tying out)". So there aremany problems in our relief system of execution, etc. we are lacking of proceduralrelief, substantial relief of debtor and also there are defects in dissent system ofpersons not involved in the executive procedure.Fourth, rebuilding of our relief system of execution. First of all, the author pointsout the basic principals which we must comply to when we rebuild our relief system.The principals are: to protect the litigants from all aspects;to realizing proceduraljustice and to be efficient. Secondly, the author puts forward some ideas of reformingour current system. In our country, the executive power is too concentrated. Weshould learn from Switzerland to divide the executive power into two parts: the powerto practice and the power to judge. And we should establish two departments toexercise the two powers separately. Last, the author talks about the methods of relief.Specificly speaking, we should establish procedural relief and substantial relief. Theformer includes dissent system of execution and requesting the court to review for theillegal execution action .The latter includes lawsuits of debtor and the third party fordissent.