On Civil Execution Relief System

The civil execution relief system is a legal system for the litigant or person concerned request for judicial protection when they think their rights will or have already be infringed by illegal or improper acts of execution. Starting from the basic theory of civil execution relief system, the thesis makes a study of different civil execution relief systems in Britain, America, Germany, France and Japan, and then put forward a proposal to improve the civil execution relief system of our country based on the defects of the system. According to the research idea above, this thesis is divided into four parts.The first part is the summary of the civil execution relief system, including the concept, characters, two types of the civil execution relief system and their difference. This part emphasizes the main function and value of civil execution relief system.The second part is the comparative analysis of the civil enforcement relief system. Particularly speaking, this part investigates on different civil execution relief systems in Britain, America, Germany, France and Japan, which can provide a reference for our country.The third part makes a general interpretation on the present situation and drawbacks of the civil execution relief system. This part includes the provision and the performance of the new Civil Procedure Law of the PRC and the former one, and two protecting methods, one is the procedural civil execution relief, the other one is the substantive civil execution relief.The fourth part first elaborate on establishing basic principles civil execution relief system. Furthermore, under the condition of two protecting methods, and combined with successful theories and practice at home and abroad, this part puts forward with the legislative suggestions for the perfection of our civil execution relief system.