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On The Outside Of The Objection System In Civil Execution In China

Posted on:2009-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y PangFull Text:PDF
GTID:2206360272989086Subject:Law
Abstract/Summary:PDF Full Text Request
As last procedure of maintaining civil rights and interests, and last barrier of resolving the dispute, civil execution assumes an important task. At the same time that "difficulty in execution" has been written into the National People's Congress Work Report and increasingly concerned about, the problem of "disorders in execution" in our country is also highlighted. In the procedure of execution, infringement of the legitimate rights and interests of the parties and persons other than those involved in the case occurs from time to time. The problems of execution proceedings-based, execution applicants' interests-based, too powerful execution organs and etc. seriously influence the performance of opposition system of persons other than those involved in the case. In the procedure of execution, how to protect the rights of persons other than those involved in the case relates with the implementation of the value of fairness and justice by execution proceedings. As one part of the litigation system, execution system's position and concerns increasingly draw attentions with the current concerns on "difficulty in execution". Amended "Civil Procedure Law of the People's Republic of China", adopted on April 1st, 2008, regulates opposition review system and enlarges the scope of opposition made by persons other than those involved in the case. This is a very large progress in the difficult execution work today. However, complemented regulations in system design related to this law are not made. In practice, the way to carry out specific operations is not exactly the same in different districts. Defects exiting in the current opposition system of persons other than those involved in the case bring about the increases in execution costs, delays and rights infringement in execution. So establishing objectors' legitimate rights and interests-based ideas and regulating opposition review system of persons other than those involved in the case cannot be delayed.Some scholars make a series of ideas of the opposition system of persons other than those involved in the case in our country, but they concentrates on one or a few aspects and do not develop a series of theories referred by practice. In developed statute law countries, that is, civil law countries such as Germany, Japan, Switzerland, France, and China's Taiwan region, execution relief system is relatively complete compared with the common law countries. So the author makes comparatively studies on the opposition system of persons other than those involved in the case and looks forwards to improving the relevant execution relief system in our country. The opposition system of persons other than those involved in the case in our country, can not only be learned from foreign advanced relief system in execution, but also be adjusted concerning with our country's mechanism reform and other reforms in the field of litigation. Otherwise, coordinated development between different systems should be considered. The author discusses the opposition review methods, opposition litigant conditions, inquisitional way and complemented reforms of relevant relief system by methods of integrating theory with practice and comparative methods in order to benefit the establishment and improvement of the relevant system.
Keywords/Search Tags:civil execution, persons other than those involved in the case, opposition
PDF Full Text Request
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