On the civil enforcement relief system
|School||University of Foreign Trade and Economic|
|Keywords||Enforce Relief System Outsider raises objection|
The redress execution system is an indispensable system in the execution process, it aims at rectifying the illegal and wrongful execution action in the execution process. The system provides the opportunity and way to be protected for the victims when the execution action infract their interests. To the author’s opinion, to study the redress execution system will make great contribution and theoretic value to the research of the system in our country with the tide of the execution reform.The redress execution system in Taiwan include review on ways of redress execution and the holistic consideration on the system of execution. As to the mistake in the process of execution and the dissention between two parties, entity redress execution and process redress execution are regulated respectively, which accordingly becomes a use for reference and great help to improve the redress execution system. In our country.The system in our country hasn’t systematized yet, according to the < Code of Civil Law>, there is only a outer party dissidence system, which is also immature. So, to build up a sound redress execution system and to improve the outer party dissidence system is imperative under the situation. The author think, to improve the redress execution system, first of all we should set up a redress execution conception, to define and distribution of execution power. Secondly, we should build up the redress execution on process, in order to regulate the execution action. Thirdly, return to the real nature of outer party dissidence system, and synchronously build up the debtor dissidence law and distributive dissidence participation law.