Study On Civil Conditional Executable Document System

Executable document directly determines whether the execution can be started and the effect of execution.Due to the complexity of conditional executable document and the inadequate adjustment of laws,relevant cases or the initiation of execution procedures are blocked or the execution effect is poor.This paper takes the implementation of civil conditional executable document as the research object,investigates and analyzes its formation process,execution measures and execution procedures,and puts forward Suggestions for improvement,so as to hope that relevant cases can be properly executed.This paper starts from analyzes the current situation of civil conditional executable document.From the theoretical research status,legislative achievements and trial practice,it is concluded that there are some problems in the implementation of civil conditional executable document,such as limitation of provisions,confusion of application,imperfect related supporting measures,and execution risk,and it is necessary to conduct an in-depth study on this issue.Then investigates and studies relevant systems outside China.The civil conditional executable system originated in Germany at the earliest.Many civil law countries have relevant regulations.Through the comparative analysis of the literatures,it is found that there are mature legislative experiences about the civil conditional executive program and the exchange of payment judgment abroad.The experience are worthy of using for reference.The research on the relevant system should be connected to the execution stage from the formation of the executable document.From the two aspects of forming basis and applying scope,this paper expounds the necessity of the existence of the basis of civil conditional executable document in the mediation statement and judgment,so as to work out a appropriate basis of executable document in the trial phase,to make a lay a foundation for proper execution.Finally,this paper puts forward some countermeasures and suggestions for perfecting the system of civil conditional executable document.This paper holds that the law should clearly stipulate the basis of applicable civil conditional executable document,promote the application of exchange payment judgment,encourage the judge to explain in mediation,establish the objection system of civil conditional execution defect,perfect the system of civil execution preservation and so on.