On The Actuality Of The Objection To Civil Enforcement System Of Our Country And The Solution To Perfect

In the enforcement process, the implementation of the enforement authority may cause infringes on the rights of the parties and interested persons. The aim of civil objection to the enforcement is to offer remedy channels for parties and third parties whose rights are infringed in the civil enforcement actions. There are many problems in the actuality of civil enforcement in our country. Only the system of third parties objection to the enforcement is set in the existing laws, the defects of the system is: the protection to benefit of debtors is lack in procedure value frame, the location of procedure is vague, remedy to the procedure benefit in name while relief to the objective benefit in content. As for the concrete process design, there are some defaults: the rage or reason to take the objection is too narrow; the review process of the objection to enforcement was lack in law-making aspect; parties or third parties had no routine to apply for the reconsideration or appeal; the act of enforcement agency was lack of effective ways and approaches to supervise.Comparing objection system of foreign countries and districts, there are perfect relief routines that are divided to objection to enforcement in procedure(objection,complain,appeal)and objection to enforcement in entity(action to objection to enforement) . The author thinks that it is necessary to consider the striking problems and concrete system conditions that exist in the inforcement process in our country with considering the feasibility and systematization; to enlarge the rage of objection system by inspecting and examing the foreign objection system, to perfect system of objection to enforcement and improve oversight mechanism of enforement action.This article contains 4 parts besides the preface and epilogue, about 38,000 characters.The first part is divided into three sections. The connotation of the objection system is introduced in the first section. In the second section, the attribution of the objection system is presented, the objection system is a special procedure in the civil procedure and the subsidiary process in the enforcement procedure.The third section introduces the functions of objection system.In the second part, the arthor compares the objection system of foreign courtries and some special regions.These countries and regions could be divide into two kinds: assembled legislation mode (German Japan and Taiwan of China) and scattered legislation mode (France and Swiss). The author elaborates the current situation of the objection to civil enforcement of the countries and regions mentioned above.The third part describes the present situation and defects in the objection system of civil enforcement. This part contains three sections. (state of legislation, the specific operation and defects)The fourth part which is the focus of this paper is to perfect China's objection system. In view of the current situation and the defects of objection system, the reformation of the objection system in China could be divided into three steps: constructing the implementation of the objection procedure; the establishment of the action to objection to the enforcement; improving the oversight mechanism for supervision and control,in order to guarantee the implementation of a fair objection and regulate the implementation of the enforcement rights.