Civilian implementation of the relief system
|School||China University of Political Science|
|Keywords||The implementation of relief System Research Executive power Legitimate rights and interests Adversary The implementation of the system Implementation Interested party EXECUTIVE SUMMARY The course of justice|
Execution proceedings is the last link of protecting and realizing private power,is the last defense line of the judicial fair, has the vital significance. The currentexecution system already could not adapt the development of social life and thejudicial practice. Execution of remedy system is a question needing promptly tostipulate and explicit. This article take《civil execution of remedy system research》asa topic ,in order to propose own opinion and position to the reconstructing of ourcountry’s civil execution of remedy system ,restrict the execution power, promoteexecution work to move towards the unitizing、the transparence、the standardization,safeguard practically the legitimate rights and interests of litigants and other personsconcerned.The article altogether divides into four parts.The first part is execution of remedy system outline. This part obtains fromanalyzing the concept of execution of remedy, in this foundation, discusses thecharacteristics、function and classification of the execution of remedy,in order to havea sober understanding and accurate localization to the civil execution of remedy. Thusarouses the people understanding to the importance of civil execution of remedy andthe necessity of establishing and consummating the civil execution of remedy system,lays the foundation for full text writing.The second part is the introduction of the execution of remedy system of thecountries with continental law system :Germany、Japan、Switzerland、the region ofTaiwan in our country. Through to inspect the legislation style, the remedy methodand the procedure of execution of remedy system, uniting the legal tradition andexecution survey of various countries ,we may have a comprehensive comparisonresearch to the various countries’ execution remedy system, not only summarize thecharacteristics, but also point out the various countries’ characteristic places。The third part is the description and evaluation to the current execution ofremedy system of our country. First, carry out the introduction to the executionobjection and the execution reconsider, which are the existing two kinds of executionremedy systems of our country. In this part, author also one after another talks aboutthe system of turn-round of execution 、surveillance of execution and judicialcompensation during the execution procedure ,which are the three existing disputesystems , and point out that they do not belong to the category of the executionremedy system. Then, point out some defects of our country existing executionremedy system. In the final of this part, author elaborates the reasons of making thiskind of condition.The fourth part carry on the new construction to our country existing executionremedy system, aiming at the deficiency of our country execution remedy system,Uniting our country national condition and drawing on the success experience of theoverseas. The author think that constructing our country execution remedy systemshould persist several principles: namely the principle of dividing power movement ofexecution power;the principle of comprehensively protecting the legitimate rights andinterests of litigant and other persons concerned;the principle of taking the sameattention to the fair and the efficiency;the principle of adversary system and theprinciple of procedure public. In this foundation, author proposes concrete tentativeplan to reconstruct our country execution remedy system: first, establishing scientificcivil execution mechanism;second, establishing the procedural remedy system;third,establishing the dissent action system;forth, introducing the hearing procedure.