Discusses Dissent Action System’s Construction

Civil enforcement is the last procedure of protecting private right, and plays animportant role in the civil procedure. In recent yeas, along with the “enforcementdifficulty” problem, more and more scholars begin execution research. They discoverproblems in practice, and put forward the solution to these problems, to promote theimplementation of theory of further deepening and development. Dissent action ofdebtor is an important part of civil enforcement, is the important way of the debtorprotect their legitimate rights in the relief of program, this is the consensus reached atpresent the majority of scholars. Study on the extraterritorial legislation system, manycountries of continental law system also clearly stipulates the dissent action of debtor.The Civil Procedure Law Amendment was passed in2007; the relief system hadalready got a great process, but not included dissent action of debtor, what a great pity!Therefore, this article from the concept and character of dissent action set, andtheoretical research, through drawing lessons form foreign legislation and practicesituation, then elaborated the necessity and feasibility of dissent action of debtor inour country, and the specific system construction. Naturally, the construction ofdissent action of debtor still needs further research and more rigorous argumentation.The writer give some opinions in my own limited knowledge，and hope to attractmore attention by people, provided some thinking and inspiration.This article is divided into four parts, the writer intend to make deep analysis andresearch on dissent action of debtor. The first chapter analysis the dissent action ofdebtor concept, and compare to the related concept, drawn to its unique nature, andelaborates the academia to dissent action of debtor in theory, including the traditionaltheory and new theory, the writer also puts forward my own point of view and makenecessary groundwork for the following parts. The second chapter is from thedebtor objection function had for telling it, such as rights guarantee, power check andsupervision, solution dispute these are three, and for make up our country the current system exist of blemish, analysis establishment debtor objection it tell of necessity.Third regulations its possibility for telling carry on analysis from the debtor objectionand draw lessons from an area outside and lawmaking and actual situation experiencein our country Taiwan region, because our country fasten with mainland method oflaw system likeness, therefore mainland method that enumerated two typical modelsin Germany and Japan fastens a nation and even has to draw lessons from sixthmethod academic theories that combines an our country at the same time talks aboutto study present condition and judicial experience in the actual situation, theelucidation our country tells to the debtor objection of the establishment have alreadyhad theory and actual situation foundation. Chapter forth concretely discussed theconstruction of dissent action of execution in the basis of three chapters, first point outthe basic principles of this action, the instruction thought that established a concretesystem; again from tell of the party concerned, scope and origin of matter andproceedings etc to carry on a procedure constitution.