| China’s current legal provisions on advance execution system,as well as the actual judicial practice,its application conditions,scope,and application status are very strict.It seriously lags behind the development level of China’s socialist market economy and cannot well serve the construction of socialist market economy.In order to protect the legal rights and interests of the parties more effectively and to improve the efficiency of judicial case handling,it is imperative to improve the safeguard and relief function of advance execution in judicial practice.Based on the retrieval and comprehensive analysis of the relevant laws and regulations or related papers in and out of the domain,the author puts forward some Suggestions on the development and improvement of China’s preemptive execution system in the future on the basis of the current situation and prospects of China’s economic development.This paper is divided into six parts.The first part mainly gives an overall overview of the advance execution system,that is,a brief explanation and introduction of its concept and nature;The second part mainly explains the development of domestic legislation and the current situation of legislation,and points out the deficiencies of China’s current system of preemptive execution,so as to pave the way for the improvement of the proposed measures;The third part mainly introduces the provisions and application of similar preemptive execution system overseas,in order to provide experience and reference for the perfection of China’s preemptive execution system;The fourth part mainly analyzes our country to improve the necessity of practical advance execution system,first through the China judicial documents the referee network to retrieve the current advance execution applicable data,clear the current judicial status of advance execution in our country,and to explore the regularity,at the same time in a civil court somewhere by performing data and advance execution cases displayed the execution of the difficult problems,from the side argument advance execution practicability of necessity and feasibility;The fifth part mainly introduces the measures and Suggestions to improve the system of advance execution in China in the future,mainly from five small aspects,namely,reorientation of advance execution legislation,expansion of the scope of application of advance execution,establishment of flexible and diverse guarantee mechanism,expansion of the scope of objects of advance execution,and standardization of advance execution operation procedures.Through these discussions,the author hopes to promote the exploration and construction of pilot reform of the advance execution system in judicial practice,and establish a set of standardized and normalized long-term stability mechanism of advance execution. |
