On The Judicial Relief System In The Civil Execution Procedure

As the last link of civil action,civil enforcement is not only an important procedure to realize the legitimate rights and interests but also the procedure which could really affects the rights and interests of obligor and other interested party.The judicial relief of the civil execution procedure is related to the final realization of the function and value of the civil procedure.The Civil Procedure Law of our country has been revised several times,which has already established the judicial relief system of civil execution procedure,but there are still a lot of imperfections.The paper adopts literature research and empirical analysis,starts from the present situation of the implementation of the civil judicial relief procedure in China,analyze the existing problems in the implementation of the relief system in China.The author also adopts the method of comparison to study the judicial relief system of Germany and other countries in combination with the status of Chinese implementation of the judicial relief system,puts forward the proposals to perfect the judicial relief system of our civil execution.This paper consists of the following four parts:In the first part,this paper summarizes the judicial relief system in the civil enforcement procedure,including the concept of civil execution,the definition of judicial relief in the civil execution,the basic factors and the value of judicial relief in the civil enforcement.In the second part,the author studies the legislation mode of judicial relief system in other countries and regions,mainly including the judicial relief system of civil execution in two countries or regions,Germany,and Taiwan,analyzing these judicial relief systems offers enlightenment to our country.In the third part,the author analyzes the present situation of the judicial relief institution in our country and puts forward the corresponding problems,first analyzes the existing problems in the implementation of relief institution,then analyzes the legal status and existing problems in China's procedural relief,the status and existing problems in the substantive relief of and the civil execution procedure in China through the provisions of the civil procedure law and relevant judicial interpretation.In the fourth part,this paper puts forward the corresponding suggestions based the analysis of existing problems in the civil enforcement in the former part,puts forward the idea of establishing an executive organization which is independent of the court in terms of the existing problems in judicial relief institution setting of China's civil execution;As for the existing problems in China's civil execution relief system procedure,this paper puts forward the procedure improve the executive objection,clarifies execution relief time,details review procedures and puts forward a variety of suggestions for using the objection right;As for the relief system entity of civil execution in our country,the author puts forward the existing laws and regulations standardizing the objection lawsuit,turns the prepositive procedure of the mandatory objection execution into selectable procedure,and establishes and refines the lawsuit of debtor disagreement.