On Civil Execution Remedy System

"The life of law is implemented". In the legal operating process, the civil execution is the most closely connected civil rights, and also is the most directly expression of the vitality of civil law. Through the civil execution, the civil rights, which is on the effective legal instruments, can be achieved, defending the litigant and the formidable sponsor’s benefit effectively. However, in the process of civil execution, the bad executions occur inevitably because of the’judges’quality, the setting procedure and others subjective and objective factors. Recently, the issue of the difficulty of the civil execution is one of the puzzles of the judicial reform in China. People’s Courts have been researching and exploring the issue that how to solve the difficulty of the civil execution, achieving remarkable success. However, there often occur some problems, such as executive officer is lazy during the execution proceeding, illegal execution against the properties of parties involved or not involved in the case. Execution Remedy System, which is aims at regulating the civil implementation, has not been given due attention.The "Civil Procedure Law" has been stipulated, but the provision is conservative relatively, vague, and does not provide clear and effective way for the civil execution remedy.Before the2008Civil Procedure Law modify, the theoretical research of civil execution remedy is introducing the basic system of foreign relief, researching the’ought’design of civil execution remedy. Rarely mentioned the civil execution remedy of China, maintain what kind of people’s rights and so on. Recently, some analysis about civil execution remedy has appeared,but there is mo substantial improvement. Interest demands of the parties, relief method is also the basic problem of civil execution remedy.Empirical analysis is used in this paper. Describe the present situation of civil execution remedy, then analysis the important problems, at last, put forward the improvement measure. This article includes the following aspects:The first part makes a introduction about the civil execution remedy. From the characteristics, concept and characteristics of civil execution, in order to pave the way for the following.The second part analysis the status of the civil execution remedy. From the legislative situation and judicial status, we can see the civil execution remedy in China. Indicate the reality of opposition to execution, the third party opposition and so on.The third part mainly analysis the problems of civil execution remedy. Based on the reality of civil execution remedy, indicating the key problems of civil execution remedy. Missing the substantive relief for debtor, irrational third party opposition, lack of the review process for the opposition to execution, faulty relief agencies and so on.The fourth part focuses primarily on improving the execution remedy in China. Improving the execution remedy the civil justice system to uphold the first, taking into account efficiency, adhere to the statutory relief, separation of powers, remedied and procedures adhere to entities both in the idea of relief. Finally, under the guidance of the right idea, the execution remedy against our system of civil problems, make sound recommendations. The establishment of debtor’s objection to the complaint, participate in the distribution of the complaints system set up, perfect outsider raises objection to the complaint, complete implementation of the objection review process, improve the implementation of the relief organizations.