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Hearing Of Civil Execution Standardization Research Of Our Country

Posted on:2013-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z M SongFull Text:PDF
GTID:2256330401450772Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Hearing of civil execution in civil execution process, an interested party shall applyfor or performed under the authority of a court held, by the executing courtorganization and to convene the relevant personnel to the scene, to give evidence,cross-examination and debates, soliciting public stakeholder opinions, facts, andcentrally ruled, Security Court in the implementation of the smooth conduct of theactivity.Civil execution hearing show publicity, legality, universality and proceduralcharacteristics. In recent years the court more favored execution mode. It is throughthe open to listen to the opinions of the party concerned, so as to resolve thecontradiction and the dispute in the execution process, ease the contradiction, improveefficiency, increase the transparency of the implementation of the court, promotejudicial modernization. Due to our current lack of civil execution hearing system oflegal norms, the hearing of civil execution practice showed a strong local color,randomness, is not conducive to the development of the system of civil executionhearing, also do not accord with the requirement of modern rule of law.In order to further standardize the hearing of civil execution, it is necessaryfrom the legislation and program settings on its standardization. In the aspect oflegislation, the ideal state is to develop "hearing of civil execution procedure law", inthe program settings should pay attention to efficiency, to abandon the hearing beforethe preparation procedure, remember to dress up as a quasi court hearing mode.On hearing of civil execution procedure, in order to better instruct practice ofhearing of civil execution, the practice of hearing more legal standardization, improvethe execution behavior of openness and transparency, the greatest degree ofsafeguarding legitimate rights and interests of the parties, to ease the "difficultexecution".
Keywords/Search Tags:hearing of civil execution, Difficult enforcement, standardization, public, Compulsory execution
PDF Full Text Request
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