Research On The System For The Lawsuits Of Civil Enforcement In China

Civil execution system is to protect and realize the private rights of important system,also guarantees the judicial organ to make a key link to thoroughly implement the effect of the referee,to realize legal justice and maintaining judicial authority is of great significance.However,in the practice of judicial practice,due to the existence of various reasons,it is possible to conduct improper behavior or conduct illegal behavior,and thus infringe the legitimate rights and interests of the person subjected to execution and the outsider.To make up for the public power of the power imbalance caused by improper use,was introduced to the system on the execution objection proceeding to correct or limit the abuse of execution,so as to safeguard the legitimate rights and interests of the parties,interested,and an outsider.The civil procedure law amended in 2007 will carry out the objection lawsuit as a lawsuit system to the law.In 2012,when the civil procedure law was revised,the system was retained by the two hundred and twenty-seven articles,but there were still some problems that deserve our consideration and research.For example,the civil procedure law of our country is just on the system design the execution objection lawsuit,but its constitutive requirements,and related proceedings did not make specific provision,therefore in the process of trial practice is how to do this kind of case,program structure,applicable law etc.There are many uncertain.This article is come up with the process architecture and system design of the lawsuit of civil enforcement which conforms to China's nations and judicature practice by the comparer analyses of the difference of the system in the foreign county.The author hopes to provide some beneficial references for the improvement of the relief system of civil enforcement in our country.The article is divided into four parts.The first part is the overview of the basic theory of the system for the lawsuit of civil enforcement.Firstly,the article introduces the concept and species of the law suit of civil enforcement,discusses the characteristics of the lawsuit of enforcement and clears it is a relief of substantive right in the enforcement procedure.Secondly,combined with a variety of academic theories,the article analyzes the legal nature of the lawsuit of enforcement.Lastly,the article discusses the function of the system for the lawsuit of civil enforcement.The second part is to inspect the present legis lations,and judicial practice of the system of lawsuit in some typical countries of the Continental Legal System,analyze the advantages and disadvantages of different systems,learn their legislative experiences in order to improve the system for the lawsuit of civil enforcement in our country.The third part is to summarize the current situations of the system for the lawsuit of civil enforcement in our country.Through analyzing of the values and shortcomings of the system from many aspects,the author thinks that it is necessary and feasible to improve the lawsuit system of civil enforcement.The last part is to put forward the ideas of amending of the system for the lawsuit of civilenforcement in our country,on the basis of the ample theoretical demonstrations.The author setsforth some practical suggestions to improve of the system of lawsuit of enforcement,such asseparating the procedure of the lawsuit of enforcement and the trial supervision,establishing thelawsuit of debtor disagreement.