| The Latin Law proverb says: execution is the end and fruit of law.After the trial stage of the people’s court,if the execution debtor fails to fulfill the obligations determined by the execution basis within the performance period,the execution creditor will have the right to propose to the people’s court to start the compulsory execution procedure.It can be seen that compulsory execution is the key link to realize the creditor’s execution.In recent years,the executive procedure has been widely concerned,which has attracted the attention of the practical and academic circles.In the whole execution procedure,if there are improper or illegal execution behaviors,such as the non existence of the right to request execution,the flaws of the execution behavior of the executors,the wrong execution of the subject matter,etc.,it will lead to or may lead to the damage to the legitimate rights and interests of the parties or outsiders.If there is no relief,then there is no power.The law must provide legal relief system for the parties or outsiders to safeguard their legitimate rights and interests.China’s civil enforcement procedure has been to realize the creditor’s rights as the legislative value,in order to efficiently and maximize the realization of the creditor’s rights and interests,is bound to give up the protection of the legitimate rights and interests of the debtor.In the process of execution,the debtor is also an important party to the execution,and the legitimate rights and interests of the debtor should also be taken into account.While paying attention to the efficiency of execution,we should pay more attention to the basic principles of judicial justice.Efficiency and justice are like two wings of a bird and two wheels of a car.From the perspective of the protection of the debtor’s substantive rights,this paper makes a comprehensive analysis of the debtor’s execution relief,finds out the problems and puts forward countermeasures,so that the legitimate rights and interests of the debtor can be protected and relieved in legislation and judicature. |
