試論我國(guó)民事執(zhí)行救濟(jì)制度的完善.pdf

1、重慶大學(xué)碩士學(xué)位論文試論我國(guó)民事執(zhí)行救濟(jì)制度的完善姓名：陽(yáng)文婧申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：訴訟法學(xué)指導(dǎo)教師：高飛2010-04重慶大學(xué)碩士學(xué)位論文 英文摘要 II ABSTRACT The civil enforcement relief is a kind of relief related to the civil enforcement procedure. In the process of civil enforcement, w

2、hen execution organ tries to make the rights and obligations that trial procedure identified into reality, due to the subjective or objective reasons, there inevitably exists improper or illegal acts against the legitima

3、te rights and interests of the parties, who are involved in the case or person other than involved. In order to reduce its losses to a minimum , recover the legitimate rights and interests protected by law, the relief sy

4、stem of civil execution is set up to anti-erorr correction and relieve right. As an important part of civil enforcement Procedure, it plays an active role in safeguarding the litigant and the pleader out of the case, res

5、olving dispute on enforcement, restricting the executive power. But both theoretical research and legislative practice are in a weak, so the relief system of civil Execution can not completely play its role as a special

6、“device“ to prevent error, correct error and remedy rights. Based on this, the paper will discuss and analyze some basic theories of the relief system of civil execution systematically. On basis of learning from the civi

7、l law countries and regions, the article reviews China's current system of civil enforcement remedies, and then puts forward some feasible proposals. This article is divided into six parts. The first part is the intr

8、oduction ;the second part is a basic overview, mainly from the concept, characteristics of civil enforcement and the concept of civil enforcement remedies, characteristics, components and significance; the third part des

9、cribes the execution of remedy systemof some saner countries and regions, focusing on Germany, Switzerland and Taiwan of China. Through analyzing their characteristics, summarizing experiences, it provides references for

10、 us; the fourth part starts from actual situation in China, analyzing the status and defects of the relief system of civil execution in terms of the litigant, the outer; the fifth chapter is the rebuilding of our country

11、 execution remedy of system. This part is based on execution of remedy system,s current legislation and judicial practice, and some detailed advice are given to remedy the relief system of civil execution;the last part i