The Perfection Of The Civil Advance Execution System

Advance execution system,essentially belongs to the "execution before the judgment",refers to before the final judgment be made,the court will rule one party to pay.Advance execution's features include the predetermination,execution,the characteristic of procedural and irreplaceability.Advance execution system contributes to making up the lack of administrative litigation after the judgment and protecting the lawful rights and interests of the parties.In addition,advance execution also helps to restrict "the Malicious appeal" and ease the problem of "execute difficulty" in a certain degree.In recent year,with the litigation rate rising,in the judicial process the amount of advance execution cases increased year by year in China,these cases mainly focus on the civil dispute,especially on the Eliminate the obstruction and return the original properties.Applying for advance execution case,the petitioners and the respondents were already developed to compound subject this year from the usual number of single subject.So depending on this kind of development,the workload becomes heavy in reviewing the rights and obligations clearly;the difficulty increased in execution after the advance execution judgments.Advance execution occurs in the process of litigation,the operation of this system get more difficult on account of the disposition of the litigants in their substantive rights and litigious rights,such as how to deal with the advance execution rule after the court mediation;how to link up the plaintiffs application for the withdrawal of the suit and the advance execution;whether the advance execution rule can be canceled through retrial procedure after the advance execution rule be already executed and so on.There is no clear stipulations in the Civil Procedure Law and judicial interpretation,it causes our country's advance execution system couldn't meet the requirements for the judicial practice,and advance execution system in our country only pays attention to "timely" protection,ignoring the "effective"protection.In order to solve these problems,we need to pass legislation orientation,perfect the legislation principles,extend scope of application,improve the applicable condition,supply the startup mode,improve the review process,improve the relief way.