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Study on Remedy in Civil Enforcement of China

Author: WangChunYan
Tutor: JiGeFei
School: China University of Political Science
Course: Procedural Law
Keywords: remedy in civil enforcement procedural remedy substantial remedy executive organs of remedy in civil enforcement
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 251
Quote: 1
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Abstract


Remedy in civil enforcement is an essential part of civil enforcement. It provides legal protections for both parties and the third party when their legal rights are infringed. In 2007, the remedy in civil enforcement was an important aspect of revision of China Civil Procedure Law. During this revision, it added the remedy for procedural matter and largely revised the institution of remedy for the third party. Still, there were aspects, such as the protection of substantial legal rights of debtor, that didn’t revise during this revision in 2007. In practice, the difficulties, disorders and nonfulfillment in enforcement still exit. In this paper, the author first probed into the basic theory of remedy in civil enforcement, then compared and analyzed the legislation in other countries, pointing out the shortcomings in China and raised the suggestions on how to complete the remedy in civil enforcement in China.This paper is divided into four parts:Part 1 is the general introduction of remedy in civil enforcement (RCE for short). It includes the concept, characters, functions and categories of RCE.Part 2 is the comparison study on RCE in other countries and Taiwan of China. In this part, the author introduces the legislations in both civil law and case law family.Part 3 is the main issues exit in remedy in civil enforcement in China. First, the author discusses the practice in RCE of China from the aspects of legislation and jurisdiction, and points out the main issues that existing both in remedy in civil procedural and substantial enforcement in China, which includes the issues that current RCE has. For example, the protection provides for the parties and interested party in the civil enforcement process are not complete, and the regulation on“lawbreaking”is not explicit. As for substantial part, the ause concerning with the third party’s conditions on proposing dissent opinions is undefined, and the protection of substantial rights of debtor is skipped in law, etc.Part 4 is the tentative plan on remedy civil enforcement in China. In this part, the author points out the plan and suggestions in the reform of remedy civil enforcement on three aspects, namely, procedural remedy, substantial remedy and the set-up of organs of remedy in civil enforcement.

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