Research On Civil Execution Rotation

Civil execution is the realization of the rights and obligations by the parties "the terminal",and perform the rotary program is designed for the "final destination" after-sales service.And the design of the procedure of execution recovery is to give the original judge a chance to correct the errors and restore the rights and obligations of the case to the status before the execution.thus correcting the property losses caused to the parties due to the execution of the wrong effective legal documents,to protect the lawful rights of both parties in the original execution procedure,which not only safeguard the judicial justice but also achieve the individual justice,to pursue an impartial judicial spirit.As a special form of execution,the execution rotation is a powerful supplement to the execution of remedy system.However,due to the shortage and blank of the legislation and related judicial interpretation in the system of civil execution rotation,the phenomenon of "idling" in the judicial practice still occurs occasionally,which not only fails to play its due role of right relief,on the contrary,it somewhat obscures the implementation.Its standardized operation concerns social stability,judicial dignity,and more importantly,people’s trust in the judiciary and the state.Through an in-depth study on the basic theory,problem analysis and system construction of civil execution rotation,the remedy right of the party to be executed can be safeguarded,and a series of vicious circle execution problems caused by execution errors can be prevented,hoping to promote the standard,scientific and reasonable operation of execution rotation.Starting from the concept of civil execution rotation,through the comparison with the relevant systems,this paper expounds the design concept of the execution rotation program at a deeper level,and then analyzes and demonstrates the current situation and existing problems of civil execution rotation in China.Due to the dispute over the establishment conditions of civil execution rotation and the lack of completeness of the procedure structure of civil execution rotation,it lacks the stipulation in the procedure time limit,the trial organization form,the party’s procedure safeguard and the relief procedure and so on,coupled with the irregularity of the property distribution of the execution turns,which leads to the abnormal phenomenon of the procedure operation in the judicial practice.Therefore,by straightening out the establishment conditions of civil execution rotation,the starting conditions and enforcement basis of starting rotation are clarified;The allocation basis is improved in the process of rotation to balance the interest conflict of creditors;The program design of civil execution rotation is standardized to remedy the loopholes in the current execution procedure;A procedure for the inspection and supervision of civil execution shall be set up and the efficient and fair operation of the power of execution shall be promoted,to protect the legitimate rights and interests of the executing party and ensure the authority and dignity of the law.