On Civil Enforcement Turnaround System

The civil enforcement is to realize the rights and obligations determined by the effective legal documents,the execution of the reversal is to correct the basis of the decision,if the effective legal documents based on the execution of the legal documents due to the existence of errors revoked by law,the original act of execution constitutes an infringement of the rights of the original obligor.China’s enforcement system is set up to restore the original enforcement of the substantive legal relationship between the parties.After the original enforcement basis for the need to restore the legal relationship is the substantive issues,the current legislative provisions are through the implementation of the rotary ruling to correct the problems belonging to the substantive law,without taking into account the substantive law factors,which can easily lead to procedural override of the entity,resulting in the confusion between the trial and execution,but also make the substantive rights and interests of the parties can not obtain the same procedural safeguards as other private disputes.This paper outlines the enforcement reversal system,and proposes that the reversal of enforcement is a system to restore the misplaced property rights and interests based on the original enforcement basis,when the original enforcement basis is revoked or changed in substance,through the civil enforcement procedure-the new enforcement basis obtained under specific circumstances.Based on the reflection of the execution reversal system,a new path to improve the system is proposed;a comparison of similar systems in abroad is made,and similar provisions in Russia,Germany,Japan and Chinese Taiwan are introduced,and the spirit of their systems,i.e.,the adoption of litigation to solve the problems in the context of execution reversal,is introduced.The problems arising from the operation of the execution slew are analyzed at the level of the theoretical basis and procedural construction of the procedure,respectively.China’s current civil enforcement reversal procedure is initiated by the executive authorities to make decisions on the execution of the decision,the defects in the operation of the main embodiment of the principle of the separation of the trial and execution,the inadequacy of the procedural protection of the parties and the super-authoritarian model of the parties to dispose of the right to ignore.In judicial practice,due to the sloppy implementation of the provisions of the rotary has led to a number of inconsistent operation in practice,such as the lack of trial organization,the specific time frame of the clear provisions.Finally,the article proposes the idea of improving the execution reversal system,mainly around the scope of application,the determination of the parties,trial organization and trial period,the effectiveness of the judgment and other specific issues for analysis.By rationalizing the conditions for the establishment of civil execution reversal,the conditions for starting reversal and the basis for execution are clarified;the distribution benchmarks in the process of reversal are improved to balance the conflicting interests of various creditors;the procedural design of civil execution reversal is standardized to make up for the loopholes in the existing execution procedures;the civil execution reversal inspection and supervision procedures are set up to promote the fair and efficient operation of execution power,so as to protect the legitimate rights and interests of the parties to execution and safeguard the The authority and dignity of the law.