| The civil execution review, as a system for further provide reliefs to the litigant procedural right, has vital significance for regarding the litigant entity right maintenance, the execution fair and the efficiency enhancement when speaking of its own existence value. This article wrote from the concept of civil execution and the legislation condition embarks, and carry on the social investigation in order to reflect a more real situation, Further more, analyzes the questions of Executive review which the system does have to be worth in reality discussing, for instance, the responsibility of reconsiders isn't clear, the applicable scope is unclear, the evidence rule is lack, and the operating procedure isn't perfectly.In view of these questions, the article has specifically discussed the solution ways in the last part:First, we should carry out the referee courtyard to be independent from the implementing agency to clear its responsibility and no longer undertakes concretely carries out the task; Next, "change and add the executed" belongs to the reality to carry out the behavior category, with "the execution fine, the execution detention, not give the execution" have the same legislation special regulation situation, all divide out from the applicable scope to deal with the Judicial confusion which caused because of the unclear scope ; Once more, follow the civil evidence rule "who to advocate, who presents evidence" in the process of reconsider action, from the responsibility of presents evidence, the evidence collection, the questioning witnesses, the authentication and so on to clear rules of evidence review system and protect the accuracy of fact finding; Persists the written examination in reviewing the question of the way, when involving the significant social question time, trying to Introduce the trial way of "carries out the hearing", in order to guarantee a fair manner of implementation of the trial review system.. |
PDF Full Text Request