A Study On The Legislative Perfection Of The Condition Of Executing Rotary Establishment

The implementation of rotary system,as a legal system with remedial function,was first established in the Civil Procedure Law in 1991 in our country.The current legal provisions on the implementation of rotation are simpler and more straightforward in programming,and intuitively,this reduces the costs of the former executive,and also lowers the cost of executing the court,and facilitates the speedy restoration of the property that has been implemented,to a certain extent,improves the efficiency of the execution rotation.However,the ruling by the executing agency directly makes the rotation,which is not sufficiently sufficient in the procedural safeguards to enforce the rights of the parties,and does not conform to the basic principles of the separation of trial.Because the existing legislation and judicial interpretations are relatively humble in the implementation of revolving provisions,the academic circles have disputed the establishment condition of the rotary,the standard of rotation,the determination of fruits and so on,the court executive department in the judicial practice of this problem is not the same understanding and processing,which in some extent affects the judicial credibility of the people's Court.To this end,this paper tries to take a provincial high court on the implementation of the rotating case for the case of reconsideration,the establishment of the implementation of the conditions of rotation and related issues to study,and in conjunction with the extraterritorial legislation,the implementation of China's rotary system further improvement and with other systems to provide some advice.