Empirical Research On Examination Of Objection To Execution

As the final stage of civil litigation, procedure execution is the last part for the party to realize the right, the last defensive line of guarantying judicial justice as well. However, procedure execution is so complicated that illegal action is unavoidable which will harm the legitimate interests of the party and other interested parties. Objection to execution, as a guarantee to realize the function and value of procedure execution, is an indispensable component of civil execution system. Establishing sound objection to procedure execution is of great importance in furnishing adequate relief ways for the party and other interested parties.This thesis is based on execution reality, illustrating the imperfect objection to execution especially when there is a deficiency in reasons of objection to execution, rules for procedure execution and rules of evidence which lead to no consistency in related laws of objection to execution for law court. Combined with existing laws and judicial interpretation, the thesis puts forward an assumption of further perfecting objection to procedure execution and some ideas of the application of law in reality. The thesis includes four parts as follows:The first part is the current situation analysis on examination of objection to execution. It analyzes problems of pending examination of objection to execution in accordance to execution reality.The second part analyzes theoretically the establishment of procedure in line with examination of objection to execution. It explains the establishment of examination procedure of objection to execution should be based on justice and efficiency from the angle of differences between civil execution and civil trial, and executive power.The third part puts forward the assumption of examination procedure of objection to execution from the four aspects: sue of objection, subject to examination of objection, forms of examination and rules of evidence.The last part applies cases to propose ideas for law application in executing examination of objection.