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The Research of Civil Compulsory Execution Law’s Fundamental Principles

Author: CaoHua
Tutor: WuShengJian
School: East China University of Political Science
Course: Procedural Law
Keywords: Civil Compulsory Execution Law Fundamental Principles The Principle of Independently Exercise the Execution Right The Principle of Lawful and Foundational The Principle of Separation The Principle of Efficiency The Principle of Priority The Principle of Supervisor
CLC: D925.1
Type: Master's thesis
Year: 2007
Downloads: 345
Quote: 1
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Abstract


In recent years, with the development of the practice of civil compulsory execution and deepen of the reform of execution system, the research of the legislation of compulsory execution is getting flourishing. Almost all of the theories regard that an independent Civil Compulsory Execution Law should be drawn to resolve the fundamental problem of“difficulty”and“perplexity”in civil case. At first, the principles of compulsory should be resolved, because the principles, as the sole of all system, they determined the basic character, content and value of the system. They are the guide line and stand point of the whole compulsory execution conduct. They are important to make each execution system, and rules continuously, balance and accordance. So, how to get the fundamental principles of future Civil Compulsory Execution Law is very important. In this contribution, the following sections will be discussed.Apart from the introduction and the ending, the contribution is divided into 3 parts.In primary section, the introduction of the principles of Civil Compulsory Execution Law will be discussed. In this section, I will introduce the concept, meaning and character of the principles. The basic principles should reflect the character of compulsory execution, be favor of the combine with Chinese traditional culture, and accord to the requirements of socialism democratic rule of law.In the secondary section, I will discuss the principles of Chinese Civil Compulsory Execution Law. Chinese provisions and theoretical principles will be introduced, including Chinese Civil Litigation Law, two drafts of legislation and other principles proposed by theorists. Then, I will analysis these principles and eliminate some of them which are not reasonable.In tertiary section, I will establish the Fundamental Principles of Chinese Civil Compulsory Execution Law. I will firstly discuss how to set the principles. This is the essential part of this contribution: The Principle of Independently Exercise the Execution Right, The Principle of Lawful and Foundational, The Principle of Separation, The Principle of Efficiency, The Principle of Priority and The Principle of Supervisor. They will be discussed one after another in this contribution, based on which the fundamental principles will be found.

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