论执行救济制度-法律专业论文.docxVIP

山东大学硕士学位论文Executive 山东大学硕士学位论文 Executive remedy is one legal inslzumcnt that ineans in the enforcement proceeding,parties in or out ofthe ease have啦rigbt to CIVIl弘科ecti∞Or t℃,mcdy when their right 01interests violat酬l 01threatened by this enforcement．Executive remedy is DOt only a kind ofright Ot a kind ofl世medy for the violated right,but also a lq蛐instrument to protect tlae parties related the enforeementln the first part,the author a13aly-zes the elfforeemem flaw弱the precondition of the cxeetttive remedy,then analyzes the concept, I均sie characteristics and function ofthe executive remedy． Thc general nK甚羽蹦of executive remedy a∞talked about in the second part．The autholtclainls there a地mainly two remedy me弱u潞．One is of pIu∞dure，一procedural ,lisputc,tile other is of entity,—the lawsuit of objection．Thesc two n把a鲺懈a∞ accl,ly talked about in c‘ncep电 character,the condition of to claim, procec,ling’etc individually．At last,the author compared them with eaela other． Atter invcstigalcd the executive remedy system in tlae developed countries and regions, conelmiom瓣extracted鹪follows：Fim,the target州cct oftlais instrument蛳the pcl-sons whose right Or interests is violated 01thrcatenect,including parties in and out of lhc case． Sceona,the remedy includes the nleasI艉of the procedure and the lncasute of也e entity． Third,both final decision of two m麟吼峭concluded by the court,and the lawsuit of objeetiozl is仃icd according to the ordinary proceeding．Fourth,two kinds of lncasllm have different value goaL procedural lncasurc aims cftieieacy and fllimcss is the primary goal of the nlcasu把ofaatity In forth part,the IllllhOlIevicws the present executive remedy system in 0111country from practical and theoretical aspect,then draw out following conclusions：First, what the CUIIelII executive remedy inslrumcnt protected is too nalTOW to thoroughly∞V盯 relative parties’rights and interests．Second,0111country’s current nleasu螨of executive remedy do not be divided to method ofprocedure and ofenti