Research on the Civil Execution Relief System
|School||East China University of Political Science|
|Keywords||Relief System of Civil Execution Execution Dissidence Outer Party Dissidence The lawsuit of Outer Party Dissidence|
As the last procedure of the civil procedure, the civil execution plays an important role in such process. Due to the fact that the civil procedure could protect and realize the civil rights of people, civil enforcement is vital significant. And the relief system of civil execution could remedy the defects when problems emerge during the civil procedure. The relief system of civil execution is the most important part in the new revision of the civil procedure law which was made on 28, October, 2008. It basically establishes the procedural relief system and the substantial relief system. The article 202 of the civil procedural law stipulates the execution dissidence system which belongs to the procedural executive relief system. And the article 204 of the civil procedural law contains the outer party dissidence system and the dissent action of execution. This thesis introduces the present situation of legislation in our country from the perspective of the Article 202 and the Article 204 and analyses the defects and the flaws existing in it, then gives my suggestion on the improvement of the relief system.The main text could be divided into four chapters.The Chapter one discuss the basic theories of the civil relief system, including the concept, character, classification and its function. The Chapter two introduces the relief system of Germany,Japan and Taiwan and shows what we can learn from them. In the third Chapter I point out the advantages and disadvantages of the new relief system during the implementation. The Chapter four analyses the execution dissidence system,outer party dissidence system and the lawsuit of outer party dissidence system deeply and put forward recommendations on perfecting the relief system.