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Study On The Termination Of This Enforcement Procedure In Civil Cases

Posted on:2021-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:W M QiaoFull Text:PDF
GTID:2416330623470805Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The two procedures for resolving civil disputes include trial and execution,which complement each other and achieve each other.The trial provides the basis for the fairness and legality of execution,and execution implements the authority of trial activities.Judicial activities require the pursuit of substantive justice under the premise of following procedural justice,and the fundamental task of executing activities is to ensure that the judicial order determined by the trial is maintained.The research object of this article is to terminate this execution procedure,which is a procedure that occurs in execution activities and has a direct impact on execution activities.The termination of this execution procedure is different from the termination of execution.Termination of this execution is not the end of the execution procedure.Termination of this execution is only a temporary measure for closing the case.It will be terminated when certain conditions are achieved.For the termination of this execution procedure,the court has a relatively large room for discretion,and the applicable procedures are more complicated.Whether it can truly play its due role,it is necessary to grasp the essence of the termination of this execution procedure.Differentiate other executive programs.Difficult enforcement and heavy enforcement cases have been the crux of our country's justice for a long time,so the end of this enforcement came into being.The end of this execution procedure is an organic system composed of a series of procedures,and many supporting measures need to be constructed.This article takes the termination of the execution as the research object,and explores how to perfect the termination of the execution in the judicial environment in China.First,it will deconstruct the termination of the execution and take the constituent elements of the termination as the starting point.It is divided intoobject requirements,means requirements,and restoration procedure requirements.Second,compared with other methods to solve the implementation problems,explore the feasibility of terminating the execution and the rationality of applying the judicial environment in China.Third,through the termination of judicial practice.A thorough understanding of the implementation procedures,found problems,common problems include property inquiry measures,insufficient enforcement measures,insufficient specific implementation procedures for restoration,and pointed out what harm these problems have.Finally,based on the current termination of the current implementation procedures,the essence of a similar system is taken to improve the deficiencies of the system.Correspondences are proposed from the perspectives of property investigation measures,enforcement measures,the system of untrustworthy persons being executed,and restoration of execution procedures.Problem solution.
Keywords/Search Tags:civil cases, termination of this execution, compulsory measures, property investigation
PDF Full Text Request
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