Objection To Execution Systems Research

It to correct court executive executive behavior and executive mark in violation of the provisions of laws and the people's court and other organs of effective legal documents made the mistake, ensure the correct implementation of law, has the extremely vital significance. As China's economic development, various new contradictions and legal problems highlighted increasingly execution of the opposition as law, an important system also no exception. From our country currently existing law perspective, the execution of the opposition system rules in our country civil procedure law execution plait, the supreme people's court on the civil procedure law has added "interpretation. But the opposition system for implementation of the civil procedure law only made a comparative basic regulation and difficult to solve the judicial practice and in practical operation and existing problems of the new problems, highlights, Such as:objection specific behaviors, objection application deadline, reconsideration and retrial problem, etc. So the current executive dissidence system cannot fully exerting its as executive relief way protection and corrective action, also was disadvantageous to the court in the actual operation, the implementation process to be further perfected. This article from the legal provisions in execution of the opposition system to other countries start, through the execution of laws and regulations, this paper analyzes the opposition system, Pointed out that our country current legal system in the program is not clear on objection period dissent, execution behavior not sure, case outsiders lack of legal status retrial litigation qualitative and reconsideration lack of specific provision, program execution of the opposition's examination department not clear and execute the dissent procedure and entity objection, defects such as competition problems, Execution of the opposition system for our current legislation and improve put forward its own proposals and advice:Namely formulated according to the situation of our《enforce independent law》, on the legislative model of execution of the opposition system is expounded, clear opposition system will《enforce the civil procedure law》stripping out from among the enforcement provisions in the law, is our country's existing mixed mode change for independent legislative model; Perfect execution of the opposition censorship and establish the substantive debtor objection litigation system and by what determine how the execution of the opposition, and malicious sanctions.