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《China Legal Science》 2006-05
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对我国民事执行中实体争议救济的考量

The laws currently in force in our country have not only failed to provide sufficient remedies for the parties in civil enforcement and many disputes, but also fostered conditions for abuse when dealing with the disputes during the course of civil enforcement. After carefully reviewing and reasoning the parties involved, case fact, manners and organization for dealing such substantial disputes, which are main four aspects closely related to the lack of remedies and abuse, it has been concluded that: remedies in different levels and sufficient room have to be set up and provided for such substantial disputes; not only means of litigation, but also non-litigation means(objection to enforcement) shall be adopted in resolving disputes in civil enforcement; the form of organs for resolving such disputes shall be multiple and be set up according to the actual situation of our country.
【CateGory Index】: D925.1
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【Co-citations】
Chinese Journal Full-text Database 10 Hits
1 YANG Chun-hua(Law School, Jinan University, Guangzhou, Guangdong, 510632);Approach of Remedy for Persons not involved in a Civil Execution Case[J];Contemporary Law Review;2008-03
2 YANG Wei-fang(Fushan City Intermediate People's Court,Fushan 528000,Guangdong);Legislative Protection to Creditors of Affiliated Enterprises in the Civil Execution Process[J];Journal of Guangxi Administrative Cadre Institute of Politics and Law;2006-05
3 YANG Hong-chao (Law Department of Henan Agricultural University, Zhengzhou ,450002, Henan);The Reformation and Perfection of the System of Discontinuation of Execution[J];Journal of Anhui Agricultural University(Soc.Sci);2006-03
4 WU Min-xu(Southwest University of Political Science and Law Chongqing 401120 China)YANG Yi(Tsinghua University Beijing 100084 China);On the Enforcement to the Shares of LLC[J];Journal of University of Electronic Science and Technology of China(Social Sciences Edition);2008-03
5 AN Guo-jiang(The 1st Law Department, Guizhou Police Officer Vocational College, Guiyang 550005, China );On the Right to Claim Coercive Execution of Civil Judgment[J];Journal of Guizhou Police Officer Vocational College;2007-02
6 YANG Hong-chao;A Study of the System over Participating Distribution in the Procedure of Execution[J];Journal of Heilongjiang Administrative Cadre Institute of Politics and Law;2005-02
7 ZHANG Mei-xin(School of Politics and Law,Hebei University,Baoding 071000,China);The Reason Why It Is Difficult to Execute in Civil Procedure and Countermeasure Analysis[J];Journal of North China Electric Power University(Social Sciences);2006-04
8 YU Qi-Gang,LI zi-xuan (Department of Physical Politics,Anhui University of Science and Technology,Huainan,Anhui 232001,China);Establishing arbitrative system for national competitive sports——a discussion of necessity,feasibility and related hotly-contended issues[J];Journal of Anhui University of Science and Technology(Social Science);2008-04
9 YANG Chun-hua(Law School,Jinan University,Guangzhou 510632 China);Gives First to Our Country Carries out System Legislation Localization Ponder Content[J];Hebei Law Science;2008-11
10 CHEN Xian-gui;Research on Some Issues of Real Estate Mandatory Auction[J];Journal of Heilongjiang Administrative Cadre Institute of Politics and Law;2007-02
【Co-references】
Chinese Journal Full-text Database 10 Hits
1 LIANG Hui-qing(the sout center university of economic and law science,430074);How to protect the third interested parties in execution[J];Journal of Guangxi Administrative Cadre Institute of Politics and Law;2004-04
2 YANG Chun-hua(Law School, Jinan University, Guangzhou, Guangdong, 510632);Approach of Remedy for Persons not involved in a Civil Execution Case[J];Contemporary Law Review;2008-03
3 WANG Hua-jun,ZHONG San-yu (Southwest Minority University, Chengdu, Sichuan 610041,China);The Modeling of Rational Rules and the Blending of Visual Fields ——the construction and discussion on opposition to execution[J];Journal of Chongqing Institute of Technology;2004-01
4 GUO Wen dong, LUO Xiang yuan ( Fuoshan City intermediate People's Court of Guangdong province, Fuoshan 528000 );On System of Succor Execution[J];Journal of Guangxi Administrative Cadre Institute of Politics and Law;2003-05
5 QI Shu-jie;Partial Revision and Holistic Reformation on Enforcement Procedure——also on the holistic programming of judicial reform[J];Science of Law(Journal of Northwest University of Political Science and Law);2007-06
6 ;Disadvantages of Enforecement of Hypothec and It's perfection[J];Juridical Science Journal;2005-03
7 QI Bin, ZHANG Hong (Western Institute of Political Science and Law, Chongqing, 400031,China);Bills and Dishonored Check[J];Journal of Yuzhou University;2002-03
8 XU Shang-hao(Law School,Peking University,Beijing 100871 China);On the Public Interest of Civil Procedure[J];Hebei Law Science;2007-06
9 ZONG Hui-xia (Department of Law,Zhejiang Police Vocational Academy,Hangzhou 310018,China);The Execution Objection System in China and its Perfection[J];Journal of Lujiang University;2005-02
10 ;刑事附带民事诉讼制度的内在冲突与协调[J];Cass Journal of Law;2001-06
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