On The Litigation Of Opposition To Civil Execution

Enforcement system of justice is the last line of defense, its implementation is directly relative to the worth of judicial resources of proceeding adjudgment,Therefore, the implementation of the system has very important significance. The chaotic situation of difficult execution in China has not been changed, due to many reasons, among which, system is the most fundamental problem. In this paper, based on the theme of implementation of Objection, using the comparative method ,we attempt to do some careful research on implementation of objection, in order to supply a new sight to some legislative and judicial work in the future.This paper consists of four chapters:The first chapter discusses the basic theoretical problems of implementation of objection. Firstly, it describes concepts, characteristics and classifications of implementation of Objection. Secondly, it differentiates some important concepts relative to objection. Lastly, it emphasizes the nature, value and function of objection.The second chapter discusses relevant provisions of objection in several extraterritorial countries, including Germany, Japan and Taiwan of China. Although there are lots of differences between China's mainland in cultures and traditions, however, there are a lot benefits in the system design and procedures.The third chapter examines China's current situation of Objection, analyzes outside objection, permit implementation of Objection and allocation Objection. Besides, it points out the reasons why our country hasn't established the debtor objection.Chapter four is mainly focused on the recommendations and comments on the action of objection . Firstly, it proposes reasons and initial ideas to establish debtor objection. Secondly, it advances some suggestions on improving outside objection, especially for process before litigation. Lastly, it clarifies the handling procedures of permit implementation of objection and allocation of objection.