Study On The Defective Execution And Its Regulation

Civil enforcement is the last procedure of the remedy of rights,if the law can not be realized in the society,the law is nothing.Execution is a long-standing problem in our country,and the tension between theoretical research and judicial practices.resulting in practitioners in the various departments law complex interlaced no time to get to the bottom and often choose to escape,therefore,to improve the enforcement of law,especially instituting rules of the regulation of the defective execution,consideration should be given to the parties to the right,so as to enable them can under the circumstances of the local and departmental protectionism interference and negative execution have a full opportunity to the court to seek relief,and provide relief method fully for the parties and other interested persons,ultimately maintenance the value balance and procedural justice for the implementation of the program.This paper starts from the basic theory of defective execution behavior,then expounds the basic concept and the concrete forms,learn from the relevant provisions of defective execution behavior and regulation of the United States,Germany,France.Japan and China’s Taiwan region,analysis of the current situation of our regulation of defective execution behavior and existing problems,then put forward ideas to perfect the related system of our country.The thesis,apart from the preface,includes four parts,about thirty-six thousand words.The preface part pointed out that the issue of difficult to executive is still continuing in our country today,but theorists lack of detailed and systemic research,there is no further breakthrough only stay in a few legal provisions in legislation,because of the lack of system,if things go on like this will inevitably lead to the continued deterioration of difficult problems and defective execution behavior,causing irreparable loss in justice,which leads to the study on the defective execution and its regulation.The first part mainly expounds the basic theory of defective execution behavior.First of all,make a definition of defective execution and analyze its main features according to the definition.Secondly,according to the different causes of defective execution behavior,divide it into two aspects,the illegal execution behavior and improper execution behavior to analyze.Finally,discuss the validity of the defective execution behavior on the basis of the different properties of different situations and the different nature of the law,according to different circumstances then divide the behavior into four kinds:not established,invalid,revocable and effective.The second part introduces the legislation of defective execution behavior regulation and analysis the deficiency.Firstly,do a comprehensive introduction on the relevant systems concerning defective execution behavior regulation in our country,including supervision of civil execution about the inner court supervision and execution remedies about the parties and interested parties objection,objection to execution reconsideration,outsider’s objection,outsider’s objection suit and so on.Then,analyzes the shortcomings of the existing regulations and points out the problems,including:inadequate internal supervision,lack of external supervision,confusion of the nature of the relief method,unreasonable of the outsider’s objection system,ineffective protection of rights of the debtor,unscientific of the objection review system,to pave the way for the suggestions to improving systems.The third part is comparison research on defective execution behavior and regulation related.It mainly introduces the relevant provisions and regulations in United States,France,Germany,Japan and China’s Taiwan region,through comparative study draws some useful experience:First,when countries and regions set the executive relief agencies and supporting relief measures,they are consistent to choose justice as the first value goal between justice and efficiency.Second,the execution relief methods are divided into procedure and substance two types,take different relief methods according to the content,make the relief system complete and comprehensive.Third,different agencies exercise the execution relief power and the civil enforcement power independently,so that we can ensure justice in form,and set up the supporting system with the operation.The fourth part puts forward the improving proposal about the defective execution behavior regulation system.Discussions are made from the improvement of the execution supervision mechanism,the establishment of scientific evaluation system,and the improvement of the executive organization,perfect execution relief mechanisms and ways to improve the recovery of the substantive rights and so on,and then draw an idea of perfecting of our defective execution behavior regulation.