V. System Research. Civil Opposition To Execution

The effect of the implementation is directly related to the judicial outcome of the trial can really be achieved, the course of justice is the last line of defense, implementation of the system is of great significance in civil proceedings. Due to a number of reasons,"our implementation is hard and chaos ", but over the years it has not been changed, the reason is fundamental or institutional problems.The article through a comparative analysis, specification analysis and empirical analysis, research methods, to give opposition to execution v. a systematic examine, in-depth analysis of the problems of the provisions of the relevant legislation, and on this basis, to improve China's opposition to execution v., hope to perfect the execution of Civil lawsuit. This article is divided into four chapters:The first chapter, the basic theory of the opposition to execution v., First, the concept, characteristics and classification of the opposition to execution v.; Second, the distinction between the few important concepts related to the opposition to execution v.; Third, summarized the action of nature, value and function of opposition to execution v.The second chapter, the relevant provisions of the extraterritorial typical civil law countries about the opposition to execution v., in this paper, in terms of the main body of and subject tohave a comparative analysis of the relevant provisions of Germany, Japan and Taiwan region, summary of the legislative similarities and differences, thus indicating the reference with the appeal system to improve China's opposition to execution.The third chapter, the status quo of opposition to execution V., to analyse outsider raises any objection, the objection to the complaint of license and distribution plan lawsuit, pointed out that the country does not establish the claim of the debtor's objection. By the provisions of the law and judicial interpretation to analyse, and pointed out the defects of China's civil opposition to execution v..Fourth, improve the system of China's opposition to execution v.. First of all, I proposed the establishment of the debtor's objection to the opposition to execution v., And analysis the reasons to establish the debtor's objection, and then proposed the idea to establish the claim of the debtor's objection; Second, it is recommended to further improve the outsider raises objections to the complaint, Pre-program of reform before litigation; Finally, to perfect the claim of the license of an executive action and the allocation of program objection handler.