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Study On The Execution System Of Different Places In China

Posted on:2018-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:M YeFull Text:PDF
GTID:2416330563459316Subject:Law
Abstract/Summary:PDF Full Text Request
In judicial practice,as the last set of procedure of execution problems with different direct execution problem is always a difficult problem to the people's court of the work.For the situation,our country civil procedure law regulation of interregional perform there are two basic ways,one is the different direct execution,2 it is entrusted to perform,although the execution,legislative purpose,is to improve the efficiency of execution,execution cost saving,but in judicial practice at present,the execution,often not only improve the efficiency of execution,but delayed execution time,virtually increased the execution cost;Not only is there the local and long-distance direct execution for working time is limited,and perform the judge to be unfamiliar with local conditions,and information access,the unknown,but often in the face of local protectionism and make their own personal safety cannot be guaranteed.The judicial authority and the dignity of the law depends on the maintenance of the legitimate rights and interests of the litigants.And not to effectively maintain the lawful rights and interests of the parties,this will seriously affect the execution order.At present,the rising economic exchanges across the region,civil,economic disputes are rising,in not take concrete and effective safeguard measures on different direct execution deterrence and add in the cause of the unbalanced development level of region,can lead to long distance,the difficulty of execution \ "worse\".The court's effective judgment document into a paper never cashed the cheque,the authority of law severely challenge.Therefore,it is very need to be done on the current situation and difficulties of execution and analytical thinking,to find ways to break beyond the implementation difficult.This paper mainly divided into three chapters: first chapter for the different execution system overview,a clear definition of the concept of different execution system,confirm the necessity of the different execution system,and to distinguish the different execution way and compare it,in this paper,the second chapter for the current situation of the different execution,will carry out the long distance of the legislative status quo and execution of foreign judicial status quo,and thus it is concluded that although the present on the legislation on execution,absorption and the tendency of different execution is complementary,but is opposite in the judicial practice,and analyzes the cause of this predicament,find out the cause of the trouble.The third chapter of this article for different ground improvement of the system of execution.This chapter is on the basis of the first two chapters,mainly discusses the inter-district perform difficult problem how to decipher and commissioned work system.And to strengthen the court execution work commissioned by also puts forward some Suggestions for improvement.
Keywords/Search Tags:Civil procedure, Execution procedure, Entrusted execution, Off-site direct execution
PDF Full Text Request
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