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The Legislation Perfect Of The Advance Execution System

Posted on:2015-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChengFull Text:PDF
GTID:2296330431986492Subject:Law
Abstract/Summary:PDF Full Text Request
Now society is undergoing transformation from post-relief model to advance the reliefpattern. The prior execution system is in this transition came into being, its purpose is topromptly and effectively protect the legitimate interests of the parties. Meanwhile, theeffective implementation of the system will advance execution inhibiting theimplementation of difficult problems. However, from the point of view of the practice,the system has not been very advance execution to implement, and even some of thedistrict court’s utilization of less than1%. Part of the reason is that our citizens do notunderstand this system, even if they meet the conditions of advance execution system,the system does not know this, but did not apply for advance execution. Part of thereason is because of the lack of enthusiasm for the regime theorists study led advanceexecution system was ignored by scholars. Of course, its root, is because our legalsystem provides for advance execution is not perfect, resulting from the nature ofadvance execution system, a series of fine positioning legislative issues. Incontemporary legal developed countries, and China is different, they have madeprovisions in line with national conditions from the location and nature of the legislativeand institutional also made from concrete and detailed requirements. Therefore, in thesecountries, the systems have been well implemented. In the experience of other countrieson the basis of this paper, from the nature of the prior execution system defines thatadvance execution system is a special kind of security procedures, because it is aprocess, so it contains the proceedings of the various link, rather than the system. Nextto advance enforcement regimes legislative position, advance execution system in Chinais timely and effective protection of the legitimate interests of the parties, with theprevious focus only on "just in time" is different, it should be "effective" is alsoincluded in, to achieve timely and effective balance. In the specific design of the system,advance execution system in our country there are many problems, mainly the rangespecified in advance execution system is too narrow, advance execution systemspecified conditions are too stringent procedures for advance execution systemprescribed too careless, advance execution system guarantees no problem for detailedrules, lack of reasonable remedies prior execution system. To solve the above problems,this paper a comprehensive legal provisions similar systems in developed countries,summed suited to China’s national conditions specified. For the prior execution systemmade to redefine the scope of that "damage due to practical urgency hazards that may cause irreparable to the party, but there is a temporary party claims to achieve thenecessary in all cases." For applicable prior execution system conditions were relaxed,in compliance with two conditions to the right (1) the applicant to prove the existence tobe achieved.(2) The applicant has to apply necessity be thoroughly performed. In thetrial process, should suppress the "case" tendency and in case certain conditions are met,increasing the possibility to adjust closed. On security issues, discussed the twosituations, namely to provide guarantees and conditions do not provide guarantees. Foradvance execution system when an error occurs, the amount of compensation and theparties on how to get compensation, the paper has done a more detailed requirements.
Keywords/Search Tags:Advance Execution, Preservation Program, Programming, Guarante
PDF Full Text Request
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