Study On The Executive Provision System

Executive provision system is an important system of civil law of Germany,Japan,Korea,Italy and other countries to review the effectiveness and executive enforce of the executive title.Executive provision is essential condition for creditors to apply for compulsory execution.It connects the formation procedure of executive title(mainly by trial procedure)and execution procedure.Executive enforce of executive titles involves substantive law problems,by independent executive provision delivery procedure to determine the content of executive force,can not only ensure the legitimacy of execution,and avoid the risk of executive organ violating the judgment-and-execution apartment principle.This system is of great meaning for our country to set the starting procedure of execution to resolve the substantive problems during execution procedure.This paper is divided into four parts to analyze this theme:The first part is overview of the executive provision system.First of all,analyze the related concepts,in preparation for the discussed below;Secondly,analyze the establishment background.It is established in Germany when formulating the civil procedure law,which is introduced from French the executor system;Again,analyze the function of the system,including ensure the executive enforce of the executive title function,supplementary the executive title function and prevent improper execution function;Finally,analyze the theoretical basis of this system,establishing executive provision system is in order to implement the separation of independence,so the judgment-and-execution apartment principle of is the basic theoretical foundation,the expansion of executive force theory provide theory support to the program of delivery executive provision to the realistic guarantee.The second part is to perform the application value of this system.This part first discusses the value of this system in guarantee of accuracy and efficiency in the execution.Secondly demonstrates the value of this system in providing a reasonable procedure guarantee in conditional execution;Once again demonstrates the value in the reasonable guarantee for party changes and additional procedural.The third part is the comparative study of Executive provision system.This part of the legislation in South Korea,Japan and Germany as the main investigation object,the system introduces the main content of the system,including scope of delivery executive provisions,delivery conditions,general delivery procedures,special.delivery procedures and remedy system,etc.The fourth part is to build our system of the executive provision.This part first discusses the necessity of construction of executive provision system.On the one hand,is beneficial to our country achieve independence organ separation,deepening the reform of executive.On the other hand can make up for the lack of implementation based on the review of executive title in our country.Moreover,the change of parties also need security program.Second,this system is put forward a few suggestions.Consider the main rules of this system building in our country,including the matters to review for delivery of executive provision,delivery organ,setting up special delivery procedure and remedy procedure suggestions.