The Construction Of China's Executive Rescue Insurance System

At present,the execution work in our country focuses on the creditor's rights,the right to subsistence and the right to subsistence of the person subjected to execution.However,the difficulty of execution cannot be effectively solved and the lack of protection of the executor's right to subsistence in China's execution relief system makes the creditor's right impossible to realize and therefore faces urgent difficulties in life.The executor whose right to subsistence is threatened cannot get effective judicial assistance.The construction of the executive rescue insurance system is to solve the above problems,which is a new exploration and practice to extend the pre-litigation salvage and the mid-litigation salvage to the post-litigation salvage.Firstly,this paper clearly defines the concept of the system of executive relief insurance,determines the essential characteristics of the system,discusses the theoretical basis of the system,and establishes the general tone of executive relief insurance system as a special form of judicial relief.It also protects the right to life of those who apply for execution due to difficulties in the execution of litigation-related cases.By comparing the execution of the relief insurance system and the execution of the relief fund system,it can be seen from the differences between the two that execution of the relief fund system has been unable to meet the needs of social development and the urgent need of applying executor to safeguard their legitimate rights.Through outside of similar to performing rescue insurance system analysis and research of the litigation system of insurance,can be found: this system and outside litigation insurance system there is a big difference,it is also difficult to achieve the expansion of insurance into lawsuit process of big goals,after all,China's insurance system in the lawsuit is not have a big survival soil.However,this system can take its essence and discard its dross,and use the valuable experience of the operation,promotion and development of the foreign litigation insurance system for reference,and further apply to the theoretical construction and practice of the implementation of the performing rescue insurance system in China,so as to give play to its institutional advantages of guaranteeing the right of the applicant to survive and helping solve the difficulties in execution.The practice of implementing the salvage insurance system in the past year has demonstrated the necessity of constructing the salvage insurance system with standardized application procedures,appropriate salvage standards and strict scope of application.Therefore,the author implies the rescue insurance system of the pre-procedures,application procedures,investigation procedures,audit procedures,relief procedures for specific design provisions,to ensure the fairness and orderly implementation of procedures,to maintain the justice of procedures and judicial justice.The benign operation of the system should also be accompanied by corresponding safeguard measures.Therefore,finally,suggestions are put forward for the introduction of judicial interpretation,the implementation of data disclosure,the establishment of a third-party evaluation mechanism and the punishment measures for the comments and suggestions of maliciously defrauding the rescue fund,hoping to contribute to the practical exploration of the system.