On The Civil Procedural Liability Of The Civil Auxiliary Marshal

Civil auxiliary marshal, a very important assistant for executive courts, plays an irreplaceable role in executing processes. However, it can be embroiled in trouble by misconducts in auxiliary execution. For example, the typical civil liability caused by funds deblocking without authorization. The civil liability mechanism of the civil auxiliary marshal is a procedural mechanism for civil liability borne by assisting executive subject legally when it causes harm to the party for undue behaviors in the process of auxiliary execution. The terms for civil liability mechanism are not very clear currently in our country. Neither do the managements protect the lawful rights and interests of the parties in the practical cases. The process to maturate the mechanism can be regard as a systematic project, which must be treated efficiently and solidly. This article will provide with some specific ideas which come from the study results of practical issues to deal with the civil liability mechanism.The whole article is divided into four parts regardless of the introduction and the epilogue.The first part introduces the civil auxiliary execution, civil auxiliary marshal and the civil liability of the civil auxiliary marshal. It presents the civil auxiliary execution, civil auxiliary marshal and the different terms in different countries. Then it analyses civil auxiliary marshal, civil liability and the value exploration of civil liability in auxiliary execution.The second part leads in the outline of civil liability for civil auxiliary marshal. Among which, it discusses the main factors that form civil liability, the different types of civil liability of civil auxiliary marshal, the reasons lead to civil liability for assisting executive subject and the demurrer reasons of civil auxiliary marshal in civil liability.The third part gives an explanation of the key point of the article: It explains the current situation of civil liability procedure firstly, which includes the liability of assets recovery in required time and the liability for damages according to ruling. Then it analyses the problems occurred in civil liability procedure referring to related articles and cases, which include the narrowness of assisting executive subject, the misconducts for civil auxiliary marshal in civil liability procedure, the ambiguity of the provisions for civil liability of assisting executive subject and the undefined legal liability after violating the responsible subject.The fourth party is the core of the article. It puts forward some ideas to improve the mechanism for civil liability. It includes expanding the scope of assisting executive subject, maturate the auxiliary execution procedure, defining the conditions of civil liability for compensation, improving the procedure of compensations and remedies for civil auxiliary marshal, and guaranteeing the rights of assisting executive subjects.