Research On The Execution Of Legal Document With Terms

Essentially,legal document with terms is to limit its enforcement power. Our legislationabout legal document permitted to attached to conditions to limit its execution is absent.Someprovisions can be found in judicial interpretation and departmental rules of loweffect.However,so as to maintain coordination with substantive law(for example,civil lawprovides that civil behavior can be attached conditions or time limits),or practice some intentsof civil proceeding system(Non-litigation dispute resolution mechanism is more and moreattached and mediation and notary system both confirm the effect of civil action of stringsattached).Besides,there are legal documents with terms in judicial practice.So,it is necessaryto establish legal documents with limits system.However,the party of execution has disputeon conditions attached to legal document whether achieve or not, and the operation thatenforcement agency whether has the right to conduct a preliminary examination on disputeand resolve it is not uniform. In this thesis,firstly,author puts forward the issue onenforcement of legal documents with conditions through analyzing practical cases,and definesits concept,types and effect.Secondly,launching of enforcement procedure isdefined.Thirdly,the filing review and judgment against legal documents,especially about itsrequirement achievement or not, is analyzed and summarized,and,finally the relief ofimplementation of legal document with conditions is put forward.Besides the introduction, this paper is divided into five parts and about36,000words.The preface,firstly, point out the necessity of constructing legal documents withterns,and improving its execution.Finally,introducing the thinking,difficulties and keys,whichnamely discourses its enforcement procedure according to promotion stage.The first part states the basic theory about execution of legal documents withterms.Firstly,the necessity of research on enforcement of legal documents with terms is putforward through practical case.Secondly,its concept is introduced.Thirdly,the conditions arepermitted to attached to legal documents by drawing the extraterritorial provisions of countryor region,which should be laid down in our country’ s legislation,in order to make the courtin charge of execution know which appeal is permitted or not to execute and reduce disputesbetween the executive parties.Finally,the effectiveness of executive behavior when theconditions are not satisfied is analyzed. The second part defines the launching program of executive procedure.Firstly,based onthe consideration that legal documents with terms are particular,the necessity ofdistinguishing between launching and starting is demonstrated.Finally,by introducing theexisting state of legal documents with terms,the people who launches the enforcementprocedure and the launching of execution program are to be improved.The third part discusses the review and determine mechanism of filing about legaldocument with terms.This section focuses on the review of the terms of legal documentmaking restrictions on enforcement power have been eliminated.And the research thinkingis to construct the department of review and items against legal documents with terms byanalysis of the current problems of legal documents with terms,combined with the provisionsof the Civil Law of the county or region.The fourth part discusses how to construct remedy mechanism for execution of legaldocuments with terms.Firstly,this part introduces remedy mechanism for dispute aboutwhether or not the conditions of legal documents for achievement in German,Japan andTaiwan,and sums up that we can take example by the practice of Taiwan to construct licenseexecutive lawsuit and debtor’s objection complaint.Secondly,at present,dispute resolutionmechanism of the terms of legal documents for achievement or not is absent of legislation inour country.Finally,the author analyzes the remedy mechanism for enforcement of legaldocument with terms,from the aspects of preceding procedure settings,license executivelawsuit and debtor’s objection complaint.