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Research On Civil Enforcement Relief System

Posted on:2018-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:X L GaoFull Text:PDF
GTID:2356330515977697Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The civil execution relief system is an important part of the civil enforcement system,the typical countries and regions of the civil law system in the legislative provisions of the relevant provisions of the system.The civil execution relief system refers to the system of protecting the rights and interests of the parties and outsiders in the course of execution,when the legal rights and interests are violated or infringed.China's "civil law" in 2007 and 2012 the two amendment involves part of executive relief,"Civil Procedure Law" and relevant judicial interpretation to explain further enrich the system of executive relief content.This article from the basic theory of the civil execution relief system,mainly discusses the concept,the relief system of civil execution characteristics,classification,function and importance,compared with foreign advanced legislative experience,our system of civil executive relief mainly exist in the implementation of relief agencies are not independent,the execution of relief system is not perfect,the debtor the lack of substantive rights relief,execution defective objection,objection,objection to execution allocation relief program,there are a lot of problems to be solved in the implementation of the relief system in judicial practice.The combination of foreign and China's Taiwan region advanced legislation experience,the proposed construction of independent executive relief agencies,the establishment of the debtor dissidence law system,perfecting the objection procedure,reasonable planning of the lawsuit of enforcement,rich distribution of participants objection system recommendations.
Keywords/Search Tags:Execution remedy, opposition to execution, lawsuit against the execution, Executive relief agency
PDF Full Text Request
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