| Execution reversal as a form of relief is widely used in judicial practice.Its purpose is to restore the rights of the original debtor that have been damaged due to erroneous judgments,while pursuing efficiency and fairness.Despite years of research and development,the execution reversal system has acquired some logical and operational aspects.However,when faced with complex real-life cases,the lack of systematic theoretical research and legislative oversights determine the necessity and urgency of improving this system.Chapter 1 summarizes four controversial issues in judicial practice through four typical cases: whether the initiation of execution reversal is subject to time limitations,whether final judgments can serve as the basis for execution reversal,whether execution costs fall within the scope of execution reversal,and whether the original debtor has priority rights to the execution reversal property.This article will analyze and discuss these four controversial issues.Chapter 2 provides an in-depth legal analysis of the disputed issues in the cases discussed in Chapter 1,aiming to provide reasonable legal basis for resolving the disputes.This chapter is divided into five parts,including an overview,the conditions for initiating execution reversal,the basis for execution reversal,the subject matter of execution reversal,and the priority of the execution reversal property.In the first part,the concept,nature,and substantive legal basis of execution reversal are introduced.The second part mainly analyzes the conditions for initiating execution reversal,aiming to provide valuable ideas and suggestions for future compulsory execution laws or judicial practices.The third part mainly analyzes the characteristics of the basis for execution reversal and explores the relationship between final judgments and execution reversal orders,concluding that final judgments are the basis for execution reversal.The fourth part analyzes the characteristics of the subject matter of execution reversal and concludes that the subject matter of execution reversal can include property,income,and execution costs,but not conduct,and the scope of the execution reversal subject matter should not be expanded indiscriminately.Finally,in the fifth part,through the analysis of the Supreme People’s Court’s reply and the basis for the right to request execution reversal,it is concluded that the original debtor lacks substantive and procedural protection for the priority right to the execution reversal property.Chapter 3,based on the legal analysis in Chapter 2,presents insights and suggestions for improving the execution reversal system.In the first part,the problems with the execution reversal system are pointed out,mainly influenced by Soviet law and unable to break away from the color of officialism.Based on the legislative experiences of other countries and grounded in Chinese judicial practice,the second part proposes four improvement suggestions to address the issues in the current laws regarding the execution reversal system.Specifically,these suggestions include clarifying the conditions for initiating execution reversal,clarifying the basis for execution reversal,clarifying the scope of the execution reversal subject matter,and ensuring the original debtor’s priority right to the execution reversal property.These suggestions are analyzed and discussed based on the principles of separation of powers and the efficiency and convenience of execution reversal. |
