Execution Is Based On The Identification And Response Of Disputes

Execution based on the basis of the dispute to enforce the existence of the core of the dispute.It is difficult for implementing agencies to avoid making judgments on the basis of enforcement during enforcement proceedings.Due to the complexity of the interweaving of judicial judgment and reality,and judgments that can not be divorced from the basic principles of litigation nor should they be ignored Requirements,implementation procedures into trouble sometimes inevitable.Therefore,based on the typological analysis of the dispute based on enforcement,it is an important proposition worthy of study to properly coordinate the coordination of different procedures.At the same time,the enforcement procedure's emphasis on efficiency can not exceed the fair value of civil lawsuits.According to the dispute settlement process,there is a potential tension between the enforcing organs and procedural rights of the parties,The procedural arrangements to be resolved.Based on the establishment of the theoretical basis for the implementation of the cognitive model,this article draws on the relevant extraterritorial system,with a view to exploring a way to deal with disputes based on the implementation of the theory and practice of civil litigation.This article is divided into four parts,with 41,000 words.The first part is to elaborate and expand the implementation of the basis of theoretical issues.The basis of enforcement is the prerequisite for its proper functioning.The different types of enforcement bases are different in effectiveness,which lays the theoretical foundation for the discussion on the basis of enforcement by clarifying the implementation of relevant concepts.At the same time,the conditions of the basis for enforcement should be clearly defined in the light of relevant judicial interpretations,so that the discussion on the basis of enforcement is more practical.The second part is the theoretical combing and typological analysis of the dispute on the basis of enforcement.This part is based on the execution of the content of the dispute,taking the effectiveness of execution as the standard,the execution based on the controversy is divided into the dispute of executive power,the restriction of executive power and the expansion of the controversy.The basis and logical starting point of the implementation of the basis of the dispute lies in the implementation ofthe basis for the execution is complete,in order to build a theoretical framework for the analysis of disputes,is conducive to the correct identification of controversy and to achieve consistent with the principle of civil procedure.The third part is the explanation of the ways of resolving disputes based on the implementation within the procedural framework.Although the dispute settlement under the guidance of the executive authorities has its own advantages of guaranteeing the efficiency of enforcement,there is also the risk that the executive authorities will dispute the rights and obligations of entities involved in the case beyond the powers.On the basis of analyzing the connotation of the execution based on the contentions,it is necessary to clarify the boundary between the executing organs and the execution basis disputes in order to maximize the efficiency of the implementation of the value orientation is the focus of this section.The fourth part is the explanation of the ways to resolve the dispute based on the implementation outside the framework of the procedure.Due to the limitation of the res judicata,the parties have some limitations on the grounds of overthrowing the original enforcement basis and obtaining new enforcement basis.However,such restrictions should not cut off the parties' means of safeguarding their legitimate rights and interests.Therefore,the dismissal of the disputes on the basis of enforcement should consider how to correct the unlawful social relations through the proper application of trial and explanation to clarify the contents of enforcement and the proper use of litigation.The fifth part is based on the existing system to improve the implementation based on the argument mechanism.It is not confined to the tinkering of the existing rules,but to a new review based on the theory of civil litigation.Optimizing the implementation of the interpretation and trial interpretation process is indispensable,but the construction of objections to the proceedings,in order to open up the parties to maintain their own rights and interests of the channel and to achieve the effect of the supervision of the referee is even more necessary.