Study On The Construction Of System For The Lawsuit Of Enforcement In Our Country

The civil enforcement is the final procedure of realizing the private right, the law of civil enforcement has important function to safeguard the litigant and the formidable sponsor's legitimate rights and interests. Mainland legal system country and the area, such as German, Japan and Taiwan of our country have established two ways of the dissent of enforcement and the lawsuit of enforcement which are used to remedy the right of the party, but there is only the dissent of enforcement in the remedy system in our country .At present, the entity disputed in the enforcement procedure is settled by only the dissent of enforcement in judicial practice, which has seriously influenced the litigant and the formidable sponsor legitimate rights and interests . With the development of civil enforcement, these malpractices appear day by day , so it is time to establish the system of the lawsuit of enforcement .At the same time, there are some blur understanding on the lawsuit of enforcement in the theory and the practice. Therefore, this article is to construct the system of civil remedy by the comparer analyses of the advantage and the disadvantage on the lawsuit of enforcement in the mainland legal system country and the area, and come up with the own idea of the lawsuit of enforcement which conforms to our country judicature practice The author hopes that his own idea will provide the beneficial reference for in the future legislationThis article consists of six parts :In the first part of this article, the author argue the concept and characteristic of the lawsuit of enforcement, propos own concept of the lawsuit of enforcement which is different to the mainstream viewpoint, and induce the characteristic of the lawsuit of enforcement; the author unifies the related elaboration to propose own regarding on the lawsuit of enforcement .In the second part of this article, the author firstly induce the present lawsuit of enforcement in our country , and then analysis the flaw of to this system, at last prove the necessity to establish the lawsuit of enforcement in our country.In the third part of this article, the author inspect the lawsuit of enforcement of the mainland legal system country and the area such as German, Japanese, Switzerland and Taiwan of our country, hope to provide the reference to construction of the lawsuit of enforcement.In the fourth to the sixth parts of this article, the author detaily argue the concrete question on constructing the lawsuit of enforcement in our country, which specifically include the basic principle of this system, the court of jurisdiction the organization of judgment, the time of mention, the litigant's determination, the specifical procedure and so on; the author specially propose own different opinion on the disposal procedure before of the lawsuit of enforcement, the type of the lawsuit of enforcement, the matter of mentiing the lawsuit of enforcement .