Civilian Implementation Of The Relief System Study

Duration the civil execution, the imperative execution may invovle prejudice to legel rights of interested parties relief system aims at providing effective methods and means for interested and executive parties. The execution the relief system mainly aims on providing the efficient ways for interested and executive parties, which is also the guarantee of efficiency and justice. This paper, from the basic theory of civil execution, the executive power and executive relief, analyses status in quo and problems in civil execution, then argues that it is necessary and feasible to perfect China's Civil Execution System via on comparing with the comparatively perfect relief systems from Taiwan district of China and other countries.The body firstly introduces the concepts of civil execution and executive power, mainly focusing on the argument that civil executive power is an important public power of the state and possesses twofold attributions: administrative right and judicative right. Correspondingly, the Civil Enforcement Act includes the execution judgment act and the execution enforcement act, and the executive relief in this paper should be included into the former.The 2nd part summarizes the Civil Execution System, illustrating its foundational theory via implementing right relief and restricting the power and arguing that it is necessary to research in civil executive relief via on defects being in procedure for civil execution, In writer's opinion, interested parties or related people can oppose illegal executive organs and improper execution to guarantee their own rights according to related law, and at the same time the organs should take their relevant responsibility. Reasoning the defects in execution, the improper or illegal civil execution constitutes them, which would infringe interested parties or related people's legal rights and interests. Further, talking of distinguishing of defects regulating, the writer puts the improper execution act into the category of executive relief by means of borrowing the proportion principle in the Administrative law. Civil executive relief, which is not only the right of interested parties but also the supervision to executive organs, has right quality and supervision characteristic from the angle of law. And, it can be classified as the procedural relief and substantive relief, and it can function as follows: to realize the fairness, to maintenance state power, to supervise execution act, to maintenance procedure and to offer opportunities for interested parties or related people to reduce executive resistance.The 3 ^rd part mainly presents the comparison and critique of relief systems from Taiwan district of China and other countries. Especially, Taiwan's executive relief system has some advantages such as having a fully developed legal system, designing a system fully, working with better maneuverability etc., which can give us some useful insights.What's in the 4^th part refers to the hot topic on how to perfect China's Civil Executive Relief System. An analysis of current situation, defects and cause of our civil executive relief comes first; comparing with the comparatively perfect relief systems, we have a long way to go. Secondly, the paper talks about the value goal of China's Civil Executive Relief System. The writer holds that the legislation precedent of the regulations for legal culture, national traditional activities, executive administrative setting and perfection of executive relieve can be transported into China's. Finally, the paper deals with the specific construction of executive relief. Basicaly, civil executive power falls into three categories: the execution enforcement power, the execution judgment power and the execution supervision power. And, at the same time, respectively judicial executives for a delivery act or a factual behavior and judges for executive relief act provide a system basis for the effective working of executive relief, and correspondingly procedural relief and substantive relief work, designing specific procedure respectively.