On The Suit Of Objection During Civil Enforcement

For a long time, due to "performing difficult" questions, the protection of creditor claims in program execution is been more concerned than the protection of the rights of the parties and third party claims theatrically and practically. So far, domestic academics are lack of in-depth research on implementation of the relief system, especially the objection lawsuit implementation system.This situation is not conducive to the improvement of the Civil Procedure Law and judicial interpretation,at a deeper level, not conducive to the implementation of the right to an effective institutional constraints, is not conducive to safeguard the legitimate rights and interests of the parties and the third party.Therefore, strengthening the theoretical study of the implementation of objection lawsuit system, is very necessary and urgent undoubtedly. The basic theory of objection lawsuit implementation system is a starting point of this paper. Moreover, this paper presents how to find a way out of the objection lawsuit implementation system under the situation in our country by learning foreign advanced legislative experience and including my own opinions. Furthermore, I hope this paper would be helpful to improve the objection lawsuit of civil enforcement in our country.The method is the gateway to a right road, but only by using the correct method, a complete and orderly system could possibly be formed. This paper introduces the methods of literature study, comprehensive analysis and comparative analysis. It is a positive meaning through integrated using these methods for improving and perfecting the objection lawsuit of civil enforcement in our country.This paper consists of four chapters:The first chapter introduces the concept and characteristics of the implementation of the objection lawsuit. The following part presents the difference between the two easily confusing systems, respectively are the objection lawsuit of civil enforcement and objection execution system. Then by analyzing the system formation of objection execution system, it comes to the conclusion that four parts compose the objection lawsuit of civil enforcement, which are lawsuit of objection to execution,lawsuits of objection by person not involved in the case,lawsuits of objection by debtor,lawsuits of permission of execution,lawsuits of objection concerning participation in distribution.At last, this chapter describes the legal basis and the significance of the objection lawsuit for existence, and microscopically summarizes the objection lawsuit.The second chapter introduces the extraterritorial legislation, including common law countries and civil law countries, especially focuses on the legislative situation in Germany, Japan and Taiwan of China. Through the study of these national legislation, I believe that it would give a huge help for improving the objection lawsuit of civil enforcement.The third chapter analyzes the current situation of existing objection lawsuit of civil enforcement system, suits the remedy to the case, which gives a great help to the objection lawsuit of civil enforcement.The last chapter presents the proposals for improving and perfecting the implementation of objection lawsuit system. Hopefully this paper could break the ice and attach importance to the objection lawsuit of civil enforcement for more scholars.