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Civilian implementation of the relief system

Author: GuJianQing
Tutor: ZhangWuSheng
School: Fudan University
Course: Legal
Keywords: Civil Execution Execution Remedy Remedy System
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 230
Quote: 1
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Abstract


The issue of the difficulty of the Civil Execution, as one of the puzzles of the judicial reform in China, had been in the Report of the No. 17 National Congress of CCP. In recent years, people’s courts have been researching and exploring the issue to how to solve the difficulty of the Civil Execution, the effect of which is remarkable. However, there often occur some problems, such as laches of executive officer during the execution proceeding, illegal execution against the properties of parties involved or not involved in the case. Due to the comparatively feeble Execution Remedy System and the lack of means of remedy, the authority of law and the legal interest of concerned parties have been badly harmed. Although the new amended "Civil Procedure law of PRC" perfects the Execution Remedy System to a certain extent, the people’s increasing justice requirements are still not satisfied.This paper is divided into four parts. The first chapter, Civil Execution and Execution Remedy, introduces in theory the concept and character of the Civil Execution Remedy. The second, the comparative research of the Execution Remedy System, mainly introduces the Execution Remedy System of some representative countries and regions, such as U.K, US, German, Switzerland, Japan, Chinese Taiwan. The third, the main system of Chinese Execution Remedy and its deficiency, analyzes the causes of the deficiency. The forth, the advisement for some problem of Chinese current Execution Remedy System, expect to be helpful to the research and the legal practice of Chinese current Execution Remedy System.

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