On The Objection V.

Civil enforcement is the last procedure of protecting and realizing private right ,is the last defense line of the judicial fair, so it is vital significant. However, the fact that execution is quite difficult in practice not only make the enforcement authority feel hard, but also disturb the parties and other persons concerned. It has direct relationship with our country existing execution remedy system. To consummate the execution remedy system, it needs more space, more detailed study, more strict verification. This article is based on the corner of execution remedy system——dissent action of execution, using methods of comparative jurisprudence, trying to do some detailed research to establish the right channels for remedy for the debtor and a third party, in order to effectively protect the legitimate rights and interests of the interested parties, enhancing efficiency of enforcement.The article is divided into four parts.The first part is the overview of dissent action of execution. Firstly, clearing the concept of dissent action of execution, pointing out that it includes dissent action of a third part and dissent action of debtor. Secondly, studying on the relationship between dissent action of execution with execution remedy system, and dissent action of execution is one part of execution remedy system. Last, expositing the relationship between dissent action of execution with execution objection of our country civil procedure, then comparing the similarity and difference of the both.The second part is doing detailed exposition on the biggest controversy——the nature of dissent action of execution. Thus point out the logical paradox of mainstream theory——the theory of formation litigation. Combining our country's legislation and the right of request to enforce,so I think that the dissent action of execution should be confirmation litigation or pay litigation. And according to the request of the parties, to specifically determine the nature is confirmation litigation or pay litigation. Then explaining the function of dissent action of execution.The third part is studying on many unreasonable point of system of our country's execution objection, for example it is not clear about the legal status of person who claims against enforcement, and there is no procedure to handle execution objection, and so on. Then from the point of right of appeal, pointing out the necessary of establishing dissent action of execution.The fourth party is the vision of establishing dissent action of execution in our country. The first is the parties of dissent action of execution, respectively explaining the parties of dissent action of a third part and dissent action of debtor. The second is the reason of dissent action of execution. listing the reason of dissent action of debtor, and putting restrictions on the way and time for the reason. Then expositing the reason of dissent action of a third party, respectively analyzing ownership, possession, usufructuary right, security right and the right of property management. The third is the jurisdiction , based on the comparative, elaborating what we should learn. Last, analyzing other question of the procedure of dissent action of execution, including the time of proposing . the impact on the implementation process and the trial grade system. Pointing out that dissent action of execution should be the second instance being the final instance, this act will not stop enforcement procedure, and so on.