On the Reflection & Reconstruction of Recovery Procedure for Execution in China
At the time of the separate legislation of Compulsory Execution Law,it is high time to comprehensively examine and reflect on the system of recovery procedure for execution.As a characteristic system transplanted from Soviet Union,China's re-covery procedure for execution has multiple values,such as reducing the litigation burden of the parties,quickly restoring the orig-inal state,and balancing efficiency and fairness.But at the same time,there exist many problems,such as deviating from the principle of separation of trial and execution and the principle of disposition,lacking systematic construction and connection be-tween procedures and so on.The recovery procedure for execution does not belong to the execution relief,nor should it be embed-ded in the execution procedure,but should be defined as a"brief trial procedure",designed according to the theory of nonconten-tious procedure.The new recovery procedure for execution should decide whether to support its recovery and its specific content in the form of judgment,cancel the path started by the court according to its authority,and strictly limit the scope of the parties.Moreover,it should appropriately expand the scope of the recovery target,effectively refine the specific procedure rules,and straighten out its relationships with the procedure of execution,the procedure of initiating relevant proceedings,the procedure of bankruptcy and the procedure of state compensation.
recovery procedure for executionexecution basisembedded execution reliefbrief trial procedurecompulsory exe-cution law
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