Lawsuits Of Objection To Execution

With the rapid development of China’s social and economic development, socialist democracy and rule of law in the process of construction and vigorously promote the people’s growing awareness of the legal dispute between the rights and obligations of the social body more taken to court, asked the national judicial authority tried to solve, and guarantee the rights of human rights ultimately be achieved. Civil enforcement entity is the last line of defense to protect the rights and obligations between the parties to achieve, is the right of coercive power by the state authorities to protect the parties to achieve. The execution objection is to prevent the implementation of the civil complaint rescue conduct of the parties, rights and obligations of the outsider with the case actually occurred after the implementation of changes in the application avoiding the implementation of behavioral deficits, in order to improve the accuracy of execution behavior, precision, and settings. It is to ensure that civil rights is correct, efficient and timely realization of civil litigation system as a perfect remedy. Objections of civil enforcement lawsuit, according to the ways and means for relief were divided into two categories:dissent and disagreement on the implementation of physical execution on. Execution of the program on the objection is raised relief proceedings exist in the process aspect of the problem. Entities on the implementation of dissent and the rights and obligations of the debtor is the person subject to the amount of the specific content of execution, execution objects, methods execution, rights and obligations of the reality of the existence of inconsistent state or have occurred which hinder the realization of rights of creditors subject of the request for these thus the subject of court proceedings, asking the court to make a new referee, So as to exclude the civil remedies to enforce the program proceed. At present, China’s objection to appeal to the implementation of the academic theoretical perspectives have great differences, its main appeal lies in respect to the nature, meaning, function. On the basis of the article describes the current situation of the country on the practice of analysis and comparison of extraterritorial legislation, from outside the practice on civilian implementation of the appeal system found objection can learn and suitable for China to achieve the implementation of the continuous development of China’s civil lawsuit system Objection and improvement.This paper predecessors in succession on the basis of research results, analyze the advantages of the implementation of foreign opposition system combined with China’s national conditions, judicial practice, the opposition put forward their own ideas on the implementation of the appeal system. Hoping to improve the implementation of objection and appeal system to break the current implementation of our predicament play a facilitating role.