Review On The Reverse System In Civil Enforcement Procedure

After the original enforcement basis was revoked,the legal relationship that needs to be restored between the parties is essentially a private right dispute,which is not different from ordinary litigation.This dispute should be resulted through the litigation procedure.However,since the beginning of the legislative process in 1991,the civil lawsuits have not treated the reversal case as a litigation event.Instead,they have treated it as an independent type of event and applied the reversal process.This has resulted in the reverse system is deficient in the proper basis of procedure.Moreover,the reverse system is incomplete,there are no provisions in the procedural time limit,the form of trial organization,the procedural safeguards of the parties,the effectiveness of the judgment,and the relief procedures,and there also has an anomie in its operation in the judicial practice.Therefore,it is necessary to improve or restructure the reverse system in civil enforcement procedure.In theory,there are mainly two ways to improve or reconstruct the reverse system,the litigation procedure type and the 1 improving type.The former applies the reversal case directly as a litigation case.Although the basis for the establishment of the procedure is justified,it seriously deviates from the local practice of the civil lawsuit in our country,and there are shortcomings in the low efficiency of the procedure.The latter is about improving the reverse system,but it couldn't solve the legitimacy of the procedural problem,so it was difficult to overcome the system's own shortcomings and achieve the purpose of improving the system.Based on this,neither of these two types is perfect to improve or restructure the reverse system in civil enforcement procedure.This article believes that the non-litigation procedure model should be adopted to reconstruct the reverse system and reconstruct it as a non-litigation procedure which should be stipulated in the special procedure chapter.The justification of the procedure based on "the non-litigation disposal of contentious cases"theory,its program designing can refer to or directly apply the existing provisions of the Civil Procedure Law,and has high feasibility.On the whole,the non-litigation procedure of reverse system is compatible with the local practice of civil litigation in China;it can well maintain theoretical self-consistency and system coordination with civil litigation in a whole,which helps enrich the theory and practice of non-litigation procedures in China.This route selection is the first attempt to construct a non-litigation procedure reverse system in our civil lawsuit,there may be many defects and mistakes that must be constantly reviewed and corrected.