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On The Civil Execution

Posted on:2008-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:W J ChenFull Text:PDF
GTID:2206360215973206Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The execution proceedings is the procedure which executes the judgment orrule by administration of justice compulsory. Executive purpose is to be the benefitfor defending the right accepting encroachment or having dispute, or acceptinglegal protection realistically. Execution proceedings could be looked as theultimate stage of civil litigation. Since the civil judge having passed, enter thecreditor's rights executing proceedings, already have no way to pass approachrelieves other. The lawful rights and interests of execution creditor is only beprotected sufficiently in procedure of execution. This essay is hoped by buildingcivil procedure of execution, all-round coming true to the creditor's rights applyingfor an operator protects after the execution proceedings.This essay, with total of 35,000 words, consists of 4 parts, as follow:Partâ… .The rationale and practice basis of re-execution procedure. This partmainly discussed the necessity of building-up the re-execution procedure. As therights of execution creditor needs be guarded sufficiently. The creditor's rightsvoucher system practice within the whole nation also is that going a step furtherexecuting program again structures the possibility having provided reality.Partâ…¡. System analyses the certificate for credit rights. This part generalizestheories and practice of certificate for credit rights as a basal premise, concludes itscharacteristics and function and affirms its positive meaning. The re-execution andthe certificate for credit rights can only be to resolve leak in procedure of execution.The problem depends on entire insufficiency theory system props up, and becaught in the difficult position of the individual difficult position in actual judicialpractice.Partâ…¢. System analyses the re-execution procedure's connotation. This partsystem analyses some basic concepts of the re-execution. Such as the definition ofre-execution procedure, the difference with other similar procedure and so on. Theanalysis to these problems, the concrete design being to re-execution providetheory preparation.Partâ…£. The legislation design of the re-execution procedure. This partconcretely design the re-execution procedure, Discussed seven aspect together. Including some concrete problems such as the end up of the execution proceedings,the begin of the re-execution procedure, the interested party, administers, cost, thetime limit and supervision.Conclusion: The legislation design for the re-execution procedure is forproviding a relieve approach over a long period of time for the credit rights ofexecution creditor. It is also have embodied judicial fairness and authority. There-execution procedure is to make appropriate complement behind procedure ofexecution. This always is one kind of brand-new idea, but have sufficient theoryand practice support. It is able to blend with our country civil procedure currentlyin effect , execution proceedings each other. Expound and prove concretelegislation tentative plan and suggestion upper, and having suggested that furtherof exactly being to build the basis in these argument. Wish that the creditor's rightsbeing helpful to problem facing the middle resolving the civil execution, alsobeing able to be to protect the people who applies to carry out provides perfectmethod and approach.
Keywords/Search Tags:Re-execution, The finality of execution, The certificate for credit rights
PDF Full Text Request
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