Study On China Recovery Of Execution

Our country’s execution reversal system is established to protect the legitimate rights and interests of the original person subjected to execution.When the original execution basis is revoked or changed,the legitimate rights and interests of the original person subjected to execution can be quickly and timely restored through the execution reversal procedure,thereby correcting the damage caused by the revocation or change of the execution basis.The enforcement rotation system has been in existence in China for more than 30 years,and is a system with Chinese characteristics,which is of great significance for quickly and efficiently protecting the legitimate rights and interests of the parties.However,due to the relatively simple and crude provisions of the law,there are no specific and clear provisions on the implementation basis,starting method,subject matter and scope of the implementation of the rotation system,and the responsibility for failure to perform the rotation.Both theoretical and practical circles have different understandings of the relevant content of the system,resulting in confusion in the application of the system and inability to fully play its due role.The enforcement rotation system is a part of the enforcement system.With the country’s attention to enforcement issues and the advancement of legislation in the Draft Enforcement Law,it is necessary to focus on the research and improvement of the enforcement rotation system,in order to promote the correct understanding and application of the system.This article starts with the current situation of the enforcement rotation system,expounds the development and changes of the enforcement rotation system,its basic content,and judicial application,and introduces the basic situation of the enforcement rotation system.Then,it defines the system of execution reversal,expounds the nature of the system of execution reversal,and considers it to be a civil execution relief system;By analyzing and comparing the execution reversal with the execution objection and the execution objection lawsuit,the unique position of the execution reversal system in the execution relief system is clarified;The unique role played by the implementation of the rotation system is clarified.On this basis,the author puts forward suggestions for improving the specific problems existing in the enforcement rotation system,and believes that the enforcement rotation ruling is the basis for the enforcement rotation;Limiting the scope of court proceedings to cases involving national interests,social and public interests,and the legitimate rights and interests of third parties;Clearly,the subject matter of the execution of the rotation only includes property and objects,not behavior;Standardize the scope of property return for the execution of the reversion,and only return the property already obtained by the original application for enforcement;Discuss the issue of responsibility when it is not possible to perform a swing based on the situation.Through in-depth and systematic research on the civil execution reversal system,it is hoped that the system can operate more smoothly,protect the legitimate rights and interests of the original person subjected to execution,and give full play to the advantages of the execution reversal system.