Studies of Civil Execution Relief System
|School||China University of Political Science|
|Keywords||the civil execution relief system challenge to the execution the execution relief machinery|
As an important system in the Enforcement Law,The Civil Execution Relief System(hereinafter as"CERS"),which can be found in many countries and areas,is a kind of regulation that,in the process of civil execution,executing persons and those interested have the right to apply for relief and protection when their lawful interests were breached.The amended Civil Procedure Law of China in 2007 added procedural relief and amended substantial relief,in which the third party has the right to institute an action.However,the execution relief system is still insufficiency,for example,the protection of debtor’s substantial right not strength.Moreover,the execution relief’s practice is not entirely as desired. Therefore,this article plans from the CERS’s elementary theory to obtain, carries on to the CERS of other Nations or regions relatively studies, analyzes our country CERS’s present situation and the flaw,and then puts forward suggestions that can improve our country’s CERS.This article includes the following four aspects:The first,elementary theories of CERS.In this part,the author discusses the CERS’s concept,characteristics,and types,as well as the necessity to establish CERS.The second,CERS relatively studies.In this part,the author carries on comparison and the analysis of CERS of five important nations or regions, which belong to civil law.The third,present situations and flaws of our country’s CERS’s.In this part,the author has made analysis of our country’s CERS’s present situation from the legislative and judicial aspects,and points out the present CERS’s flaws:the lack of trial procedure of challenge to the execution;the lack of relief procedure of the debtor’s substantive rights;unreasonable assignment of relief procedure of the third party’s challenge to the execution;the execution relief machinery is not clear.Finally,improvement of our country’s CERS.In this part,the author believed that CERS’s improvement should be based on this principle: "fairness first,and paying proper attention to efficiency".Under this principle,author has made the concrete discussion to the improvement of our country’s CERS.