Research On Some Problems In Chinese Remedial Civil Rights Execution System

With the objective of changing circumstances, the court subject to thecivilian implementation of various social factors more and more. On thecontrary, the implementation of socio-economic activities more and morein-depth and extensive intervention, the improvement of enforcementprocedures of legal norms, gradually become a hot topic, especially theimplementation of relief and even involved in a case relating to the executionof the implementation of the vital interests of the Third Party legal system,more people in the industry and the public interest. In recent years, in order tobetter adapt to the implementation of the new situation and new problems tomeet the needs of the socialist rule of law, people’s courts at all levels in thejudicial practice, the implementation of the relief system a lot of usefulexploration, the legislature also the legislative level of this system has beenrevised accordingly and enrich, April1,2008implementation of the newCode of Civil Procedure to modify the implementation of as many as11, inwhich the civilian implementation of the relief system has made significantchanges. Expand the implementation of remedies to fill China’s civil lawprocedural violations of the implementation of legal gaps in relief, andeffectively promoted the implementation of a virtuous circle. However, theimplementation of the new Civil Procedure Law relief system to run thejudicial practice situation, the revised Civil Procedure Law still lacks acomprehensive and strong operational, in the implementation of practice alsocontributed to understanding the differences and differences in practicetherefore necessary to conduct serious research to grasp the laws governingthe operation of the system.Relief system for civil implementation issues, this paper’s own work in thecourts review the agency’s actual, divided into four parts to theimplementation of our current civil relief system are discussed, especially forthe Court to review the implementation of remedies in civil cases during thecommon issues their own unique perspective.The first part, our country civil execution relief legislation and practice.From the author of the civil execution remedies system development historyand current situation, the current system of civil execution of relief operationsituation and the whole operation process are discussed in detail.The second part, our country civil execution relief problems and analysis.The author of the civil execution relief system running status and operationthe common problem in the process, are discussed in detail. And from thecourt to examine the angle, by distinguishing between the entities in the implementation of relief and execution procedures of the civil execution reliefrelief current case court review of the common problem in the process, suchas, how to define the" execution" scope of implementation, the main additionand change," the only housing"," the joint property of husband and wife",combined with the actual case, to a detailed analysis, and puts forward hisown viewpoint.Part Ш, perfect idea of the civil implementation of the relief system. In theprevious analysis of the civil status of implementation of the relief system torun, find the problem, based on the author to examine the case from the Courtof Justice practice point of view, the implementation of objection from theexplicit conditions of admissibility of the case and by the case, theestablishment of a unified review of the implementation of relief hearingsystem, the establishment of implementation of the relief review of theuniform implementation of the rules of evidence, the trial-level review ofstrict implementation of the relief system, recovery of additionalresponsibility of implementation of the relief malicious complaint, explicitlyset the six aspects of the implementation of compensation mechanisms onimproving our system of civil enforcement remedies put forward their ownviews.