| The execution of the civil procedure is the last part of the realization of the rights of the parties, which plays an indispensable role in the protection of the rights of the parties and the protection of the legal authority. In recent years, the problem of solving the "difficult to execute" has become a powerful tool to improve the judicial credibility of the courts at all levels,efficiency, economy has become the most important value pursuit of the implementation of the work. In the complicated social life, this kind of implementation idea will inevitably make the execution of the violation of the rights and interests of the parties in the case of a violation of the act, and then affect the judicial justice.、There must be a remedy for the damage. To exclude improper execution and correct the illegal execution behavior, statute law countries, general in the civil litigation system granted the right to by the infringer put forward different views on the behavior of the implementation, namely the right to dissent and in accordance with the statutory procedures for this to be the referee. Our country in 2007 revised the "Civil Procedure Law", further specific clear the implementation of objection system, the system gradually establish and perfect for the protection of the legitimate rights and interests of the people, to correct the improper implementation of the Court played a positive role. But through careful analysis and demonstration, it is found that the establishment of this system still has some problems in theory.In recent years, the legal science requirement for further perfecting the system of execution objection on the rise,but it is a pity that the civil procedure law revised in 2012 and enacted in February 2015, the supreme people’s court about apply "the civil procedure law of the People’s Republic of China > the interpretation of the" no deviation of some theory and the deep problem in the judicial practice has good response.On the basis of the analysis of the concept of "the execution objection, the outsiders, the obligor, the interested parties, the third person" and so on,author think implementation objections is refers to party or case outsiders think Court of implementation behavior has against implementation program legal provides, for exclusion or resistance is Court of forced implementation behavior and requirements Court revoked or corrected has occurred of implementation behavior, or stop, and change implementation behavior of corrected and remedy of method.Execution objection system should not become an obstacle to enforcement procedures, from the perspective of the ideal, execution objection system should insist on "giving priority to efficiency, ensure fair" guiding principle.In H province in central part of the court execution objection to the case analysis, the author found that the problems existing in the current judicial practice process execution objection cases mainly concentrated in the mentioned subject scope is broad, the examination time is too harsh, the body of the review process chaos, subjective randomness of objection review process is bigger, reconsideration procedures lack of regulation, lack of punishment, execute to the behavior of the abuse of litigation dissent and objection lawsuit co-opetition mechanism of dealing with the lack of cohesion, etc. For how to clarify the theory, and further guide the judicial practice, the lack of system and scientific research.In this regard, the author based on the judicial practice and on the basis of the advanced experience from abroad, from the theoretical construction, legal system, the concept of correction and other aspects of solving the problem of the path, that is, to rationalize the implementation of objection and objection from the relationship between the establishment of a benign docking machine system, improve the objection review efficiency, the fight against false objection, and other aspects of the improvement and judicial practice to provide reference and guidance. |
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