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Study of Civil Execution Hearing System

Author: GaoLin
Tutor: WangZuo
School: Hainan University
Course: Procedural Law
Keywords: Civil Execution hearing system implementation of relief programdesign
CLC: D925.1
Type: Master's thesis
Year: 2014
Downloads: 1
Quote: 0
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Abstract


Civil Execution hearing system is an important measure in order to ensure fair and civil execution procedures introduced from the start in a number of pilot courts run, and it has lasted for several years and it has achieved initial success in this process. However, since the specification has not yet formed a unified civil law rule hearing procedure execution, resulting in many civilian implementation of the court’s hearing process there have been many problems in the actual operation, mainly in the scope of civil enforcement hearings are not unified, civil execution hearing not be truly cutting-executive separation of civil enforcement hearing procedures are not standardized, easily lead to civil execution hearing not long delay execution enforcement, the Full Court of the role non-existent, the rules of evidence in civil execution hearing is not uniform and so on. The reason for these problems, including the lack of a unified legal system to perform a hearing, the overall quality of long-term physical light weight concept and the implementation of the program judges generally not higher and other factors. Therefore, in order to protect the legitimate rights of civilian implementation of the parties, to improve the implementation of civil remedies to achieve fairness and efficiency, the implementation of our civil hearing system for further improvement is a very big necessity. And the practice around the court hearings provide a good foundation for the implementation of judicial reform and the implementation of the hearing provided for the implementation of a sound legal environment, the implementation of the existing legal mechanism makes hearing system with the possibility that these are perfect execution of civil hearing system provides feasible. We must follow the principle of civilian implementation of the public hearing process, of fairness and efficiency, of separation of civil and perform the functions of a hearing of civil enforcement hearing and of proportionality, the scope of the implementation of the hearing from the adjustment, establishment of a genuine separation of executive sanction mechanisms, regulate specific hearing civil execution procedures to prevent abuse of the parties hearing procedures, improve decisions on major issues collegiate system and the establishment of a civil hearing system supporting the implementation of the rules of evidence and other aspects of civil execution to improve our hearing system.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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