Study On The System Of Lawsuit Of Debtor

The debtor dissidence lawsuit is an important part of the relief system of civilexecution, The debtor dissidence lawsuit enforcement on the basis of the executiondebtor in litigation, when debtors and creditors involved a substantial legal relationscontroversy in the implementation process, the debtor by bringing the objection wayto safeguard their legitimate interests. However, in our country, in the face of"difficult to execute" dilemma, legislation is often biased in favor of the creditor’srights, but ignored the protection of the detor’s rights. Until today, the Civil ProcedureLaw of China is still not set up to protect the debtor obligor entity right of action.Thistext is divided into five chapters. The first chapter, put forward the problem throughthe analysis of the substantive dispute the debtor occur during the execution,andadvocated to build the debtor dissidence lawsuit by legislation. The second chapter,starting from the concept and characteristics of the debtor objection, analyzing thenature of this system. The third chapter, analysis of the current situation of the lawsuitof enforcement in our country, and reasons of the lack of debtor dissidence lawsystem, and further expounds the necessity of establishing the debtor objection. Thefourth chapter, study and summary of the debtor objection litigation system abroad, inorder to provide some enlightenment for the obligor to construct our country’s systemof the lawsuit. The fifth chapter, carries on the demonstration on the feasibility tobuild in our country，then puts forward some specific ideas of establishing ourcountry the debtor dissidence law system, discussed the reasons, the jurisdiction ofthe court party, legal effect etc.