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The Dissent Action Of Execution In Our Civil Procedural

Posted on:2013-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:P GuoFull Text:PDF
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Civil enforcement is the last procedure of protecting and realizing private right,and is also the private parties to achieve the final program, is the last defense line ofthe judicial fair. The nature of the civil compulsory enforcement determines that theenforcement measures must be quick and prompt, so we can only make judgmentsbased on the appearance of the ownership for the rights in the course of theenforcement and take no concerned about the party and the third party’s Substantiverights. But the society is changing every time, executed based on the effectivenesswill change; this will make the implementation of the rights based on the appearanceof defects appearance. If you continue such execution basis, there will appear thephenomenon of the infringement of rights. Therefore, in this case it should beexecuted based upon the effectiveness are reviewed, in the process of implementationof such entities to solve problems, implementation efficiency, the lawsuit ofenforcement system emerge as the times require. According to the nature of theobjection to the civil compulsory enforcement, enforcement objections can be dividedinto procedural objection and substantial objection. Procedural remedy is such kind ofremedy that the parties or the interested parties request the enforcement authorities tocancel or correct the enforcement, when they consider the behavior of theenforcement authorities ‘behavior as violating the law. Procedural remedy mainlyincludes request for action or non-action, declaration for objection, counter appeal forenforcement, and objection to participation in distribution. Substantial remedy that isthe lawsuit for objection, is such kind of remedy that the debtor or the third partyrequests the judgment to the substantial legal relation, so as to remove the civilcompulsory enforcement, when they consider that the creditor’s request is differentfrom the real right, or there are enough substantial causes to prevent the creditor fromappealing for enforcement. In order to standardize the enforcement action, to promotethe judicial justness, and to protect the legal rights and interests of the parties well,China’s2007revised "Civil Procedure Law"204article and the Supreme People’s Court on2008promulgated the "Supreme People’s Court on the application of ’thecivil procedure law’ enforcement procedures to explain a number of problems"(hereinafter referred to as the "executive program explain") established the dissentaction of execution in China, but the lawsuit of enforcement is very not perfect,mainly displays in: The debtor dissidence law deletion, an outsider dissidence lawexists miscellaneous preamp review procedures, implementation of the supervisionsystem is not perfection. Therefore the establishment of perfect the lawsuit ofenforcement system to solve the implementation program of flaws and safeguard theparty, interested persons and the third person of benefit to have very main effect.In this paper, the problems for the practice, Combined with the provisions of202and204of the Civil Procedure Law, in the full study of the theoretical basis of theobjection recommendations opposition to execution of Civil Litigation perfection.The first part of the article introduces the basic theory of what the objection,including its concept, types, as well as the implementation of the theoretical basis ofthe objection system perform below objection building laid the foundation. Thesecond part introduces the different theories on the nature of the debtor’s objectionand Warren of objection of characteristics and the nature of the objection, articles,respectively, based on the analysis of the various theories of the debtor’s objectionand distinguishes the different nature of the outsider raises objections. The third partof the article is to analyze the current status quo in the implementation of theobjection of system and mining the cause of the status, and provide direction andgoals for the perfect opposition to execution appeal system. The last part is the soundadvice of our opposition to execution system, with emphasis on the development andimplementation of the debtor’s objection settings as well as outsider raises objectionv. Supervision System.
Keywords/Search Tags:Dissent Action of Execution, Dissent Action of Debtor, Dissent Action of a ThirdPart, Implementation and Supervision
PDF Full Text Request
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