Study On The System Of Objection To Civil Enforcement

Civil compulsory enforcement is the final procedure for private remedies. Civil compulsory enforcement requires efficiency, making judgments based on the appearance of civil rights and is obsessed with the character of compulsory, thus inevitably generating improper or illegal enforcement ( procedural and substantial ), which brings infringement to the legal rights and interests of the parties and others relevant to the case. The 30th meeting of Standing Committee of the National People's Congress has passed the amendment on the Civil Procedure Law on October 28th,2007 ,which is the milestone to the perfection of procedural remedy during civil enforcement. The Amendment has established procedural remedy system-objection on the civil enforcement, which makes the remedy system of civil enforcement contain substantive and procedural remedy. In the year of 2008, Enforcement Procedure Explanation also made some legislation perfection to Objection system of civil enforcement. However, there are many defects in legislation and judicial system, which prevents civil enforcement to function smoothly. In order to perfect the system of Objection to civil enforcement, I had studied and compared the system of objection to civil enforcement of some countries or areas under the civil law system, based on the defects of our legislation and judicial practice。This thesis comprises introduction, the main text, and epilogue three parts. The main text is separated into four parts.Chapter 1 mainly tells about the foundational problems to give a framework of the system of Objection to civil enforcement. These problems include the concept of objection to civil enforcement, comparison with other concepts, values, principles and basis, which helps profound and further study.Chapter 2 selected German, Japan, and Taiwan to compare as a source of reference in order to gain beneficial experiences. This part concentrates on the scientific installment of executive body and the concrete procedure of objection to civil enforcement.Chapter 3 described the legislation and judicial practice of our country, analyzed the problems existed profoundly, which helps Chapter 4 to find feasible and pointed solutions and suggestions to them. Chapter 4 mainly made suggestions on the perfection of Objection to civil enforcement, based on the conclusion draw from Chapter 3 and according to the problems existed in our Objection to civil enforcement system. These suggestions include macroscopic and microcosmic aspects. The macroscopic aspect concentrates on the scientific installment of executive body, establish principles of Objection to civil enforcement, and clarify the solutions to coincidence on civil execution objection. The microcosmic aspect concentrates on the cause and procedure of objection to civil enforcement, the punishment system of abuse of objection to civil enforcement, integrating the executive objection system.