Our Implementation Of The Procedural Objection Lawsuit Trial Difficult Problems And Their Solutions

The execution objection litigation as a new litigation, reflecting China’s judicialidea renewal, also embodies the judicial system of our country’s progress, but theform of action has just started, is still Xianzhi tender, especially in program designalso has many shortcomings, caused a lot of problems in judicial practice difficult toproperly resolve, causing distress to judicial practice. Therefore, the author attemptsto start from the basic system of the litigation of executive objection of thearrangement, and then focuses on six specific procedural problems of implementationof objection, in accordance with the questions, analyze problems, problem-solvingideas, give one one analysis of the six procedures, finally proposes the targetednumber of our execution v. the program design of the objection is not matureproposal.First introduced China’s objection to execution of the basic system summary.Through to our country objection to execution concept, origin, types, characteristicsof the introduced one by one, on the one hand and make our country face specificimplementation of objection, on the other hand will be the study object ofimmobilized.Then introduces six specific procedures are still to be solved the problems injudicial practice, and the analysis of the idea and judicial practice in the usual practice.On the admissibility of dissent action of execution, how to determine theadmissibility of the paper focuses on the case of conditional execution objection.Jurisdiction of dissent action of execution, this paper mainly discusses theimplementation of objection to jurisdiction which court, is applicable to generalprinciple of jurisdiction or by a specific court ruling jurisdiction and exclusivejurisdiction, objection to the jurisdiction of how to deal with. On the implementationof objection lawsuit participates in a person, this paper mainly discusses the outsiderof the litigation of executive objection and the application to perform their respectiveaction of the litigation of executive objection participants how to determine. A period of dissent action of execution, this paper mainly discusses how to determine thelitigation of executive objection filed the start stop period, how to determine the timelimit is an outsider and cohesion of the litigation of executive objection and extendedlegal consequences of dissent action of execution and the relief way. Cohesion on theimplementation of objection and the execution of the program, this paper focuses onthe implementation of objection period whether to stop the execution, the executionobjection processing results and executing the program how to link. On the waitingattachment of the litigation of executive objection filed, this paper focuses on for theseizure of waiting mention of the litigation of executive objection should be how todeal with.Finally, according to the specific problem of program of dissent action ofexecution, the author about acceptance, jurisdiction, litigant participant, duringexecution, dissent action of execution process and puts forward the correspondingsuggestions to improve cohesion. These recommendations are the author as anordinary judges in the judicial practice, in the current stage of perception andunderstanding, dissent action of execution at the same time, the judicial interpretationof the Supreme People’s Court on hope timely introduction of the litigation ofexecutive objection, promote the development of the judicial practice.Hope that through this study, revealed that China’s lack of the lawsuit ofenforcement, especially the shortcoming of procedure design, promote the authoritieshave paid attention to solve in the future, the judicial process...