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Civilian Implementation Of The Relief System Study

Posted on:2007-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:G X ChenFull Text:PDF
GTID:2206360182990241Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The thesis is made up of four parts.The first part is the summarization of remedy system of execution. From two sides, which is the intension and extension of an concept, I analyze many concepts about remedy system of execution, and epurate their commom grounds, compare their differences, and then get my owen one. Then, it is time to talk about the academic basic and factual basic of remedy system of execution. The academic basic consists of three sides, that is remedy of right, restrict to power and the stability and harmony of society. The factual basic of remedy system of execution is the flaw of execution, which consists of flaws in process and flaws in result. For the last, it's the brief analyzation of value and function of remedy system of execution.The second part is the comparison and analysis of methods of remedy of execution. The extension of remedy system of execution tells us that remedy system of execution can be classified as two parts, which are procedural remedy and substantial remedy of execution. It could be dissertated from main body, main content, methods and effect about the legal system in German, Japan and Taiwan province of China . Substantial remedy of execution consists of the lawsuit of the debtors and the lawsuit of the third party .For these two lawsuits, it could be dissertated from legal essence, main content, procedure and aftereffect, and also about legal systems of other countries and areas.The third part is Chinese remedy of execution. In fact, there is only one method of remedy of execution, in China.That is the objection of execution which is prescribed by the 208th item of Civil Procedural Law and some correlative judicial explanation. After definituding the definition of the objection of execution, it is analyzed decently about the qualification to apply the objection of execution, censoring and dealing with the application and the legal essence of the objection of execution. From the analysis of Chinese remedy of execution, we could know that this legal system is not only...
Keywords/Search Tags:Implementation
PDF Full Text Request
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