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Study on the Relief System of Civil Execution

Author: ShiRui
Tutor: QiuXingMei
School: China University of Political Science
Course: Procedural Law
Keywords: The implementation of relief Opposition to execution Objection v. The execution Wairen apply for a retrial
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 264
Quote: 1
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Abstract


Civilian implementation of the relief system as an important part of the civil enforcement proceedings, to protect the legitimate execution, standardize the courts to enforce to reduce execution violations of the applicant does, the legitimate rights and interests of the applicant as well as outsider raises the possibility, but also to avoid the disputes occurred in the implementation of the program to seek other solutions count the ways, quickly and effectively to achieve the implementation of the applicant's right to perform on behalf of the smooth realization of great significance. Of the Civil Procedure Law revised in 2007, has made great progress in the implementation of relief institutionally, and has been further improved in the subsequent introduction of judicial interpretation, this paper on our current civil progress of the implementation of the relief system and lack of at specific analysis is divided into four chapters. The first chapter, the basic theory of the civilian implementation of the relief. First, from a legal point of view, the word \enforcement program is a complete system from a series of laws and regulations, any part of a problem, are likely to lead to the execution behavior questioned or damage caused parties or Wairen of interests, this is the basis of the facts of the civilian implementation of the relief - civil execution flaws and defects execution behavior into illegal and improper execution behavior two kinds for specific analysis; Finally, a simple introduction to the relationship between the civilian implementation of the relief laws. Chapter II, the extraterritorial and China Taiwan civilian implementation of the relief system Overview and Analysis. Mainly including Taiwan, China, Germany, Japan, France and Switzerland several more mature and introduction the typical civilian implementation of the relief system; then analyze their character and individuality, to help improve our system. History and Analysis of the third chapter of civilian implementation of the relief system. To analyze the implementation of relief before and after the 2007 Civil Procedure Law Amendment civil law, summed up the course of development of civilian implementation of the relief system, and pointed out that the 2007 amendments to the Civil Procedure Law \progress of the Department. Then made a comprehensive analysis of the current implementation of relief system, including procedural relief - opposition to execution and substantive relief - objection v. license v. performed and execution Wairen apply for a retrial main content. The fourth chapter, Improvement of the implementation of the recommendations of the relief system. View from the implementation of the substantive relief from the procedural implementation of relief, including several special acts not provided for how to improve the legal remedies and execution reconsideration review;, including the need to establish the debtor's objection complaint and improve the implementation of the program The application Wairen retrial system and Suggestions outsider raises objections v. system.

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