On The Implementation Of The Relief System

Executive remedy is one legal instrument that means in the enforcement proceeding, parties in or out of the case have the right to claim protection or remedy when their right or interests violated or threatened by this enforcement. Executive remedy is not only a kind of right or a kind of remedy for the violated right, but also a legal instrument to protect the parties related the enforcement. In the first part, the author analyzes the enforcement flaw as the precondition of the executive remedy, then analyzes the concept, basic characteristics and function of the executive remedy.The general measures of executive remedy are talked about in the second part. The author claims there are mainly two remedy measures. One is of procedure, -- procedural dispute, the other is of entity, --the lawsuit of objection. These two measures are deeply talked about in concept, character, the condition of to claim,proceeding, etc individually. At last, the author compared them with each other.After investigated the executive remedy system in the developed countries and regions, conclusions are extracted as follows: First, the target subject of this instrument are the persons whose right or interests is violated or threatened, including parties in and out of the case. Second, the remedy includes the measure of the procedure and the measure of the entity. Third, both final decision of two measures concluded by the court, and the lawsuit of objection is tried according to the ordinary proceeding. Fourth, two kinds of measure have different value goal, procedural measure aims efficiency and fairness is the primary goal of the measure of entity,In forth part, the author reviews the present executive remedy system in our country from practical and theoretical aspect, then draw out following conclusions: First, what the current executive remedy instrument protected is too narrow to thoroughly cover relative parties' rights and interests.Second, our country's current measures of executive remedy do not be divided to method of procedure and of entity, in other words, the procedural measure does not be regulated in our law. Thirdly, the current legal instrument takes the entity measure as procedural method. The regulation of the current executive remedy is...