Research On The System For The Lawsuits Of Civil Enforcement In China

The relief system is an important part of the legal system of civil enforcement. With the amendment of the Civil Procedural Law of PRC in 2007 and the enaction of judicial interpretation in 2008, the relief system of civil enforcement has been further improved, the relief method more scientific and the relief procedure more standardized. Especially, with the initial establishment of the system for the lawsuit of civil enforcement in China, the original procedural relief system of non-litigation forms has been replaced by the substantive relief system of action forms. The change makes a clear distinction between procedural relief and substantive relief for the litigants and the third party in civil enforcement. The review process has also been more clearly defined than ever before, and it provides an effective way for the protection of the legitimate rights and interests of the litigant and the third party. This is a big progress in the field of the relief legislation of civil enforcement. However, the system for the lawsuit of enforcement in China is still not perfect. There are many problems to improve in the legislation and judicial practice. From the start of the current status of the system for the lawsuit of enforcement in our country, this article is come up with the process architecture and system design of the lawsuit of civil enforcement which conforms to China's national conditions and judicature practice by the comparer analyses of the difference of the system in the foreign country. The author hopes to provide some beneficial references for the improvement of the relief system of civil enforcement in our country.The article is divided into four parts.The first part is the overview of the basic theory of the system for the lawsuit of civil enforcement. Firstly, the article introduces the concept and species of the lawsuit of civil enforcement, discusses the characteristics of the lawsuit of enforcement and clears it is a relief of substantive right in the enforcement procedure. Secondly, combined with a variety of academic theories, the article analyzes the legal nature of the lawsuit of enforcement. Lastly, the article discusses the function of the system for the lawsuit of civil enforcement.The second part is to inspect the present legislations, and judicial practice of the system of lawsuit in some typical countries of the Continental Legal System, analyzes the advantages and disadvantages of different systems, learn their legislative experiences in order to improve the system for the lawsuit of civil enforcement in our country.The third part is to summarize the current situations of the system for the lawsuit of civil enforcement in our country. Through analyzing of the values and shortcomings of the system from many aspects, the author thinks that it is necessary and feasible to improve the lawsuit system of civil enforcement.The last part is to put forward the ideas of amending of the system for the lawsuit of civil enforcement in our country, on the basis of the ample theoretical demonstrations. The author sets forth some practical suggestions to improve of the system of lawsuit of enforcement, such as separating the procedure of the lawsuit of enforcement and the trial supervision, establishing the lawsuit of debtor disagreement.