On The Relief System Of Civil Execution Procedure

The rights is always related closely with relief .Without safeguard to ensure the realization of the right, the rights just exists in the name only. The civil implementation process is the process using the rights of the country to realize the right of the private right, which is the last stage for the party to realize his private rights .When the illegal or impropriety violates the entity rights during process ,the implementation relief will provide the opportunity and methods for the victim. IN the writer's opinion, it is the compulsory implementation policy that becomes the focus in the society today. On some extent, it has realistic meaning and theoretical value to discuss the implementation relief policy and to study how to improve such policy.The wide rage of visualization of the implementation of the relief system originates directly from the extreme weakness in the legislation in the civil forceful implementation system. Meanwhile, the theoretical study about the forceful implementation rights is also a weak process of civil laws. As one perspective of country's ruling rights, having a good sense of the definition of the civil implementation rights will concern about the exact definition of the conception of the implementation relief. The equipment of civil implementation and the implementation system will definitely relate with the justice and efficiency of the implementation relief system.. Therefore, the paper discusses the role the civil implementation right played among the legislation, administrative department, and judicial department. And further discuss the implication that implementation relief system bears.According to the function utility upon the social rules which is produced by the right of the country upon social rules and the elements of the rights operation activity. The writer thinks it will be more accurate to define the civil implementation as the judicial power. While the concept of the implementation relief works is the impropriety or the violation of the implementation adjudication. From the beginning of the case is involved with the implementation process till the periods when the case is completed, the implementation relief can be asked to request to work.. Because of failure implementation or impropriety maybe will or have lead to the damage, all of which can be asked to do the implementation relief. Only the implementation party or the interested party can request.The implementation relief system has many defects and disadvantages in the aspects of legislation, implementation organization establishments, the operation system of the right, the judicial practice. Without the implementation relief methods during the process, with the deficiency in the entity relief methods, which leads to the rights violation of the interested party who ca not find way to pursuer the relief.Nowadays China carries out the separation of the powers that is between the implementation rights and the implementation judication. With the shortage of accessory system, this still can not...