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The Study Of The Advance Execution System In China

Posted on:2014-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:M R ZhaoFull Text:PDF
GTID:2256330401474981Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The litigation relief has impartiality of civilization while also lags. Creditors due to the disputes ofprivate right to bring a civil action against the debtor to the court to seek public relief proceedings. As usual,they have to wait for the court to proceed with the hearing of the case, to get the court to determine the finaljudgment. the creditors will take several months or even years. During this period, the debtor may beabusing the right of appeal, so that creditors look forward to the outcome of the proceedings dashed. Howcan quickly and easily to protect the interests of creditors, posed a challenge to the Civil Procedure Law.However, the modern society is undergoing a transformation of damages by the traditional ex postsanctions relief methods to advance the prevention of damage and the realization of the rights protection.China’s Civil Procedure Law pre-litigation request urgently needed to meet the parties, made provisions foradvance execution system. However, the advance execution systems in China, there are some proceduralrequirements of the unreasonableness of the need to be refined to more timely and appropriate to protect thelegitimate rights and interests of the parties.Text Besides the introduction, is divided into four parts, the main content is as follows:The first part, the basic theory of the system of advance execution. Including the advanceimplementation of the concept of nature as well as functional. Nature of advance execution, I proposed onthe basis of analysis of the argument of the enforcement regime "and" preservation measures shouldadvance execution is a relief program, a system of procedural safeguards two aspects to grasp.The second part, the extraterritorial similar systems. I first introduced the two legal systems toadvance execution system similar to the system and China: OK temporary injunction, benefit sanctions,emergency proceedings, injunction and prohibition system. From their legislation applicable to the statusquo Analysis examines these systems. Advance execution system, combined with China’s actual situation,learn from the experience of analysis the extraterritorial similar systems are available to improve oursystem of advance execution legislation and practice.The third part, the legislative course of development of our advance execution system and its problems.This section describes the legislative course of development of the system of advance execution, and is divided into three stages: the first payment stage to advance execution stage, preservation and advanceexecution side by side stage. The problems of the system are based on this discovery. Advance executionsystem there is less than in the legislation, the applicable conditions, relief procedures need to be improved.The fourth part, perfecting the advance execution system. A targeted measure to improve advance theimplementation of the system, similar to the foreign visits as well as to advance the implementation of thesystem, combing our country, exists to advance the implementation of the system of our country.Specifically: Legislative reposition cases extend the scope of perfect relief program.
Keywords/Search Tags:Advance execution, Relief program, The scope of cases
PDF Full Text Request
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