Research On Licensing Executive Lawsuit

At present, in our country enforcement program, executive power dispute resolutionmechanism has a lot of problems, especially,"the non-lawsuit " in execution expansiondispute resolution and the lack of execution limit dispute resolution. And "license executivelawsuit" in foreign is just a lawsuit to solve execution expansion dispute and execution limitdispute and it can be a very good lawsuit to solve the problems of dispute resolutionmechanism of the executive power. Our country’s creation of "Against the third personobjection lawsuit" aroused attentions of the "license executive lawsuit", but there are manymisunderstandings on its meaning in the theory and the judicial practice. In this thesis, firstly,the meaning of "license executive lawsuit" is defined, secondly, the present situation andabuses of our country’s execution dispute resolution mechanism are analyzed, thirdly theforeign and Taiwan region of the "license executive lawsuit" are analyzed and summarized,and finally the specific system of the establishment of China’s "license executive lawsuit" isput forward.This thesis, including the preface, is composed of five parts and about28,000words.The preface, firstly, points out that license execution lawsuit research is of importantsignificance, which can solve the problems of execution dispute resolution mechanism in ourcountry, secondly, introduces the research present situation and the theoretical results obtainedof "license executive lawsuit", and, finally, points out the thinking, difficulties and key of thisthesis.The first part states the basic theory about license executive lawsuit. Firstly, the conceptof license executive lawsuit, to be established in china, is defined. Secondly, license executivelawsuit is classified by the aspects of execution expansion and execution limit. Finally, theelements of license executive lawsuit’s applicable scope are analyzed.The second part analyzes the necessity of establishing license executive lawsuit in ourcountry. Firstly, the present situation and characteristics of Executive power expansiondispute resolution mechanism are introduced. Defects of Executive power expansion disputeresolution mechanism are analyzed by its characteristic of no unified censorship standards，program diversification and "the non-lawsuit". Secondly, this paper introduces the presentsituation of the lack of execution limit and analyzes the resulting defects. Finally the real need is from the point of the function and comparative analysis of analyzed license executivelawsuit.The third part discusses license executive lawsuit in the perspective of comparativejurisprudence. Firstly, this part introduces "license executive lawsuit" in Germany and Japan,and sums up that "license executive lawsuit" in Germany and Japan has three characteristicswhich are Setting the prepositional procedure, classification of the censorship standards ofexecution dispute and separation of The trial program and the execution procedures. Secondly,the "license executive lawsuit" in Taiwan area is introduced and its characteristics differencefrom "license executive lawsuit" in Germany and Japan are summed up. Finally, the view thatthe construction of "license executive lawsuit" in China mainland can take example by thepractice of Taiwan’s is put forward.The fourth part puts forward several suggestions on how to construct the "licenseexecutive lawsuit". The author analyzes Concrete system construction from the aspects of thepreceding procedure Settings, application scope of the statutory delimitation, the typificationof license execution lawsuit, the institution of the execution of the license the parties andjurisdiction and prosecution and the referee and its validity period.