The Improvement Of The Theory Of Civil Execution Relief System In China

In CIVIL PROCEDURE LAW OF THE PEOPLE’S REPUBLIC OF CHINA and relevant judicial explanation, there are some brief provisions of the civil execution relief system, on the legislation, the civil execution relief system roughly Distinguishes the procedures on the implementation of the relief and the Entities on the implementation of the relief, but compared with the advanced legislation of other countries and regions, there are also many problems, such as incomprehensive relief objects, unreasonable relief agencies and so on. Which is not accord with the position and role of the implementation of relief. Only to establish a perfect civil execution relief system to make illegal behavior to correct improper execution and execution and to pay on the procedural and substantive relief for the results, so as to protect the private rights.In this article, through the analysis of the concepts related to the suing on execution relief and the implementation for relief system are briefly introduced, in order to provide necessary refrence to the perfection of the civil execution relief system in China to make the civil execution relief system more perfect. The article will be divided into four parts, the first part of the briefly introduced the concept, characteristic, function and the Different remedies and value goal. The second part Describe the main regions and countries which have the typical representative civil execution relief system, mainly including the Taiwan region of our country, Germany, Japan, Switzerland, the United States and Britain, and these countries and regions of the civil execution relief system have been carried out the brief analysis and evaluation. The third part mainly introduces the latest legislative provisions of the civil execution relief system in our country, and the Deficiencies. The last part puts forward some suggestions to perfect the legislation of the civil execution relief system in our country for the Defects, including the improvement of the procedures on the implementation of the relief and the Entities on the implementation of the relief.