The Relief System Of Civil Execution

The civil execution process is the final stage for the parties to achieve their privacy rights, and the last safeguard measure to maintain the justice of defense. However, the issue of the difficulty of the Civil Execution has been an important issue of the judicial practice in China, and there often occur some problems, such as negligence of executive officer during the execution proceeding, illegal execution against the properties of parties involved or not involved in the case. At present, the remedial measures of China's civil juridical execution are not very well organized, leading to not provide some safeguard measures without delay when the parties'or the interested person's rights were subjected to violation. Furthermore, the parties' resistance to the remedy will be due to broaden the difficulties of the civil enforcement. Although the new amended the Civil Procedure law of PRC in 2007 make perfect on the Execution Remedy System, the institution still has many deficiencies in practice, not satisfied the people's increasing justice requirements.This paper firstly introduces a general theory of the civil execution remedy. The author make a clear definition of its concept on the basis of analyzing some various view of the civil execution remedy, and state its feature and reasons for the emergence and its theoretical basis and practical significance. Secondly, the author centre on the usual means of the remedy, such as petition for rehearing, plea for the execution, the suit of the claimant's objection, and compare with the procedural remedy and substantial remedy. The next chapter mainly introduces the execution remedy system of some representative countries and regions on the basis of comparing to the history perfect legislative system, rich experience in practice in Germany, Japanese and Taiwan of China. Afterwards, the author makes some analysis of our current civil execution remedy system. Our current civil execution remedy system has undergone a process of improvement gradually, although it has initial frame, there still have some deficiency and problem in practice. The last paragraph approaches how to build and improve our existing civil execution remedy system, we should hold back some reasonable components of our current law and refer to the advanced experience in other countries, then take some specific countermeasures and suggestion on the law system design and improvement.