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Research On Refining And Operating Principle Of Efficiency In The Civil Execution Procedure

Posted on:2016-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:C C GuoFull Text:PDF
GTID:2296330464458820Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The procedure of civil enforcement is the last procedure in civil procedure, after the civil judicial procedure, the procedure that realized the rights of the parties and reasonable, so the task of civil execution procedure is how to build an effective procedure in the premise, cause the least damage to a party concerned, the most short time, the minimum cost of justice, complete the civil execution procedure. Because civil execution legislation existence flaw, the parties do not cooperate with the whole social credit system is not perfect, resulting in some cases for a long time to hold no fruit, fruit and hold the rights of the parties, causing damage, adverse effects of judicial authority decline.In view of the above, this article first review the efficiency principle, introduced the efficiency of economics, management science and law definition, introduced the subject of civil execution procedure that defines the principle of efficiency in the process of civil enforcement execution between due process, through the inter subjective benign execution Assistance Act, completed in the shortest time of civil execution program, the realization of creditor. And the fairness and efficiency of dialectical analysis, has been clear about the importance of execution efficiency for. Finally the paper introduced the meaning of the principle of efficiency for the right and judicial authority. This paper focuses on the operation of extraterritorial legislation, such as American debtor review hearing system, the German debtors discovery system, Japan cheap parties execution system and British debtors property information query mechanism, reference to perfect our civil execution procedure. In the analysis of the implementation of China’s civil legislation status, reveals the existing problems are mainly: the implementation of China’s civil legislation, lack of confusion, lack of supervision of specific implementation procedures, the system of civil enforcement assistance measures lack, the debtor’s property to identify the system is not perfect. Finally, puts forward the concrete suggestions, including indirect civil enforcement measures, the inspection and supervision of civil execution refinement in advance; construct a new civil enforcement procedure, the construction of civil enforcement guarantee mechanism.
Keywords/Search Tags:Civil Execution Procedure, the Principle of Efficiency, Judicial Auction
PDF Full Text Request
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