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Research questions of civil enforcement Rotary

Author: YangRui
Tutor: SunBangQing
School: China University of Political Science
Course: Legal
Keywords: Civil swivel Defect Perfect
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 153
Quote: 1
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Abstract


Civil execution procedure is to achieve substantive rights of the parties arising , but if executed according to effective legal documents is wrong , the execution behavior constitutes infringement of the rights of the parties , the parties in order to restore the legitimate rights of the state , civil swivel system came into being . Rotary is a civil enforcement regime for the civilian implementation of the remedial program has been based on the wrong legal instruments in force to make enforcement actions. The rights and obligations of civil enforcement swing state of the case back to the situation before the execution , in order to correct errors losses due to the implementation of effective legal instrument to property caused by the parties . For the protection of the legitimate interests of the parties , to maintain the credibility of the judiciary has a very important positive significance . Rotating system of civil enforcement of regulations on very limited legislative rough judicial practice caused many problems . This paper aims to swivel system for civil study , put forward a sound proposal. This paper is divided into five parts , the introduction and removal of more than theory, primarily performed by an overview of civil enforcement and civil rotary swing flaws and perfect three-part civil swivel to the author discusses the basic thinking on the civilian implementation of the rotation system. Articles starting with the basic connotation of civil enforcement starting rotation that swivel in civil proceedings in civil execution or after the execution , according to the implementation of legal instruments is revoked, according to a new legal instrument in order to make a decision to start a new rotation program execution , the case will be restored to the state before the start of execution. The fundamental purpose of civil enforcement rotation lies will be restored to the state before the execution case . I turn to the civil status of the implementation of the rotation system in an analysis that led to the civil swivel root of many problems exist in specific judicial practice is that our legislation for the implementation of the provisions of the Civil swing too simple , principled provisions of the law does not solve the case specific rotation basis exists applicable uncertain , difficult to start , and rotary swivel range of property issues is not clear . This paper presents recommendations for improving civil swivel defects that civilian implementation of the civil swivel rotation can only be made ​​by the people's court ruling as a basis for turning the case , the new legal instrument in force only in accordance with the rotation , according to the ruling made ​​, and can not be directly form the basis of rotation ; program starts and the filing deadline should be clear rotation of the rotary case to safeguard the smooth implementation of the rotary program starts ; range of civil enforcement rotation should only include the return of property and property execution yields born in the first They have been under the legitimate and bona fide acquisition execution of the subject matter , the rotation is not bona fide third party against the loss of the debtor 's former Executive original execution creditor can only request compensation for damages and losses is limited to the direct loss of property.

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