Study On Civil Licensing Execution Action

The human right is associated with relief primitively. When humans obtain certain rights by getting out of reckless or dependence, there will appear adapting relief means. Human rights without relief are as fake as flowers decorated in hair.Currently, executive relief process in our country is not so perfect and that’s the reason why the execution work is always difficult and random. In2009, the Explanations on Enforcement Process issued by Supreme People’s Court marked the establishment of China’s Civil licensing execution action and fulfilled the blank of legislation for a long time. If executive relief process is the last safeguard of legal relief process, Civil licensing execution action is the last safeguard of executive relief process. Civil licensing execution action is not only an effective way to protect creditor’s claims but also important for improving executive relief process, solving the problems of difficult and random execution work, balancing legal justice and efficiency.But now China’s Civil licensing execution action is still in its very beginning, and there exists problems such as unclear object of action, repeated legal procedure, unreasonable legal rules, etc.Therefore, the writer studies Civil licensing execution action and tries to borrow advanced experience from Germany, Japan and Taiwan, which are all regions of civil law country.From the view of Subjective range of executive force, the writer studies alteration and addition of executive litigant, makes clear scope of execution creditor and execution debtor, scope of accepting cases, litigant, jurisdictional court, judicial organization, in hope of improving Civil licensing execution action in our country.