Civilian Implementation Of The Relief System To Build

This article is to construct the system of civil remedy and come up with the own idea of the re-construction of China system of civil remedy on the base of general theory and relative research which can help the executor who has the power of executive understand the purpose of executive, exert the power of executive and protect the legal right of litigant and the interest parties.This article consist of three part :introductory article, main body and conclude as follows.Part one: The general theory of right remedy and civil executive remedy which contains four divisions. The first division states the general theory of right remedy and supports the general theory base for the executive remedy theory. The second division states civil executive flaw which means the cause of the system of civil remedy and the main problem needed to be resolved. Executive flaw is the legal fact that the benefits are encroached because of the factors of executor, executive parties, executive name, person other than involved in the case in the civil execution of court. Seen from the form the executive flaw violates the provisions of executive law and seen from the result the executive flaw violates the substantial benefits of executive parties and person other than involved in the case so as to break down the value balance and justice of executive procedure. The third division states the concept and the legal character of civil executive remedy. The simplified name of civil executive remedy is executive remedy the core meaning of which is that the court should prevent and correct the right-violating action in order to recover their legal benefits as of law by the application of benefit victims when the substantial benefits of executive parties and person other than involved are violated because of the executive reason, parties, and the executor action. The civil executive remedy consists of four constructive factors and three natures. The fourth division states the constructive value of the system of civil remedy. The constructive value of the system of civil remedy should make the remedy subject promote its executive power, procedure and action qualify and satisfy the end and requirement of the remedy subject and make the connection and penetration of executive procedure and civil trial procedure, the dual value pursuit of justice and effectiveness become the core idea support. The system of civil remedy should exert...