The Theory Of Extraterritorial Temporary Enforcement System And Enlightenment To Our Country

Taiwan and Germany,France and Japan regions and countries of continental law system such as temporary enforcement system is the final judgment without certain given compulsory execution,to ensure the realization of the interests of the oblige to timely,curb appeal against obligatory malicious or transfer delay action,hidden property,etc.It effectively protected the rights of the holder of the appeal and during the second stage,and can guarantee the legitimate rights and interests of someone who is not too much or any damage,is a kind of precision of the system design.Through comparative study,the author found that unique value to compensate for the outside temporary enforcement system plays a positive role at present some defects of the relevant system in China,therefore this article detailed introduction outside temporary enforcement system,and the system of a detailed analysis of enlightenment to our country.There are four parts in this paper.Section one,this part is an overview of the temporary enforcement system.Based on the temporary enforcement system outside of commonness,respectively from false executive,legislative purpose,legal value and the concept of temporary enforcement system and the method on the outside of false seizure,disciplinary system to distinguish the four aspects to introduce false operation.In this part,the author is false definition of executive proposed own view,and studies its legislation idea and purpose.From the perspective of comparative anatomy fake seizure,and execute the differences and relations between false disciplinary action.Section two,researching of outside temporary enforcement system.This part focuses on the main civil law countries and regions investigation and comparison,the temporary enforcement system of countries or regions of temporary enforcement system legislation and detailed place,though there are differences,but are fake the realization of executive function value for the precision of the system design.Because in Taiwan and mainland China has very close connection,and its temporary enforcement system is relatively mature,so the temporary enforcement system in Taiwan as an outside false focus in the study of execution system,emphatically analyzed.Finally,the author to carry out the author analyses the advantages and disadvantages of false.Section three,temporary enforcement system and the comparison of related legal system in China.This part mainly revolves around temporary enforcement system and related system in China.Among them,because of advance execution system in China and outside temporary enforcement system has a certain similarity,disputes of both in the theoretical circle is bigger,therefore,the author mainly by the applicable scope,applicable conditions,guarantee of both problems and methods as the starting point,on the detailed comparative analysis.Section four,the enlightenment of extraterritorial temporary enforcement institution to our country.This part is the focus in the study of this article.Research outside the legal system in order to more reasonably to perfect our legislation.The author first analyzes the implement a system for false we should draw lessons from,rather than introduced.Then,by the third part temporary enforcement system compared with the relevant legal systems of our country defects of our country's relevant legal system.Finally,the author analyzes,implement a system that can draw lessons from outside the system design of the flare to the less than perfect related legal system in China,in order to perform difficult problems of our country to be improved.