The Practical Dilemma And System Solution Of The Civil Enforcement Reversal System

Civil enforcement reversal refers to a civil litigation system in which the original enforcement basis loses its enforceability after enforcement is completed,and the court that made the original enforcement ruling shall review and make an enforcement reversal ruling in accordance with law,so that the enforced property can be restored to the pre-enforcement state,which is a necessary procedure to effectively resolve the conflict between the original enforcement and the new judgment,protect the substantive rights and interests of the parties,and safeguard the authority and stability of the judiciary.Since the establishment of the system,the theoretical understanding has been different,and there are also inconsistencies in the specific practice,which have profoundly affected the basic function of enforcement rotation,so the improvement and research on the civil enforcement reversal system has both theoretical and practical value.Based on the reflection on China’s civil enforcement reversal system,this paper proposes the construction of non-litigation procedures for enforcement reversal,and analyzes its necessity and feasibility.The article is divided into five parts:The first chapter is an introduction,which introduces the research background of the civil enforcement reversal system,and sorts out and summarizes the current situation of domestic research and related research outside the region,and explains the overall research ideas and main research methods of the article.Chapter II provides an overview of the civil enforcement reversal system,analyzing the connotation of enforcement reversal,and expanding the general expression of civil enforcement reversal from "the enforcement basis is revoked or changed according to law" to "the original enforcement basis loses its enforcement power".At the same time,it focuses on the discussion of the institutional value of civil enforcement reversal,safeguarding the substantive rights and interests of the right holder is the primary value pursuit of enforcement reversal,and it is also the fundamental purpose and requirement of the right holder in the enforcement reversal case,and protecting the procedural interests of the parties is also an important value pursuit of enforcement reversal and its procedural legitimacy,and the efficient resolution of dispute issues as the expectation and requirement of the parties is also the intrinsic value pursuit of enforcement reversal.Chapter 3 mainly focuses on the relevant issues at the normative and practical levels of the civil enforcement reversal system.By sorting out the normative content of the implementation of the rotation,the problems of inconsistency in the system and norms of the implementation of the rotation and the lack of separation of program design and enforcement are summarized.In terms of judicial application,based on the analysis of judicial data and specific cases,this paper summarizes the problems of inconsistent standards for enforcement of reversal initiation,inconsistent determination of basis,inconsistent determination of subject matter,and insufficient participation of parties in procedures.Chapter 4 analyzes the dispute between two views on the development of the enforcement reversal system,one of which is to propose the path of litigation of enforcement reversal,and the other is to improve the path based on it.This paper attempts to explore the existing problems of the litigation path,and proposes to further expand the foundation improvement path,construct and implement the reverse non-litigation procedure,and analyze its necessity and feasibility.Chapter 5 focuses on the procedural design of non-litigation enforcement reversal,responds to the problems existing in the civil enforcement reversal system from the aspects of initiation,review and safeguard relief of enforcement reversal,and puts forward specific suggestions.