The Lawsuit System Of Debtor’ Object

The lawsuit of debtor’s object is an important part in civil execution relief system, which is also an important component of the implementation of the type of dissent actionable. In the practical level, the lawsuit of debtor’s object has been established in the legislation of many civil law countries. However, China Civil Procedure Law and relevant judicial interpretations, although in recent years has been several modifications, but the legislature has not yet established the lawsuit of debtor’s object. This paper aims to study remedy civil enforcement of the lawsuit of debtor’s object as the research focus of the relevant literature to collect, understand, analyze, overview describes the basic theory of the lawsuit of the debtor’s object, and to explore the necessity and feasibility of establishing the lawsuit of debtor’s object, to be beneficial for building the lawsuit of debtor’s object for our country.By conducting research on the four parts of the paper about the lawsuit of debtor’s object:The first part is the basic theory content about the lawsuit of debtor’s object to an overview presentation. First of all, comparative analysis of the concept of doctrinal concepts of the lawsuit of debtor’s object about different understanding, and then clear the lawsuit of debtor’s object. The lawsuit of debtor’s object are compared with other remedies to deepen the understanding of the lawsuit of debtor’s object. Secondly, justification is the analysis of the lawsuit of debtor’s object to build. From the lawsuit’s necessity and feasibility of starting from the basic relationship enforce cuts, elaborated the lawsuit of debtor’s object the existence of space to build, combined with China’s legislation on the implementation of the objection relief evolvement and practice in the implementation of relief for such problems demand. Discussion on the basis of constructing the lawsuit, but the objection to execution of such legislation on the initial attempt, and theoretically the debtor’s object to exploration, both for subsequent development has laid a good foundation. Finally, mainly on the discussion about the nature of the lawsuit of debtor’s object. Its manner of execution remedy through litigation, it is generally the legal nature of the payment of the appeal, complaint formed, confirmed the complaint or is a new type of relief appeal, the appeal of the order as well as other new formation of the complaint. This article will be the subject of litigation in the action of what type, how the scope of res judicata angles, one by one discussion, analysis, this paper will argue for the adoption of a new debtor’s object to the formation of said appropriate action.The second part is outside the reference of the lawsuit of debtor’s object. Before the executing program starts, in Germany, Japan, the practice is usually given to the requirements of the executive organ of the creditor’s “implementation of visa”, based on this, the debtor filed objections lawsuit objects including the execution creditor claims as well as “the implementation of the visa” is not only. The lawsuit system of debtor’s object in Chinese Taiwan, does not make this distinction, but in the entity subject to eliminate or prevent the emergence of creditor claims requirements, before the end of the execution of the program, the complaint filed objections; the lawsuit of debtor’s object to the settlement of the implementation played the role of the entity’s rights and obligations between the parties dispute.The third part focuses on the substantive requirements of the lawsuit of debtor’s object. Focusing on the execution of the program instituted under the framework, the lawsuit of debtor’s object shall comply with the substantive requirements in the implementation of the relief. Specific objections entity subject, the subject of occurrence time limit, the claim and be subject. These are the fundamental elements and fit under the implementation of relief mode; setting the lawsuit of debtor’s object at the same time, its function should be limited to prevent excessive expansion.The fourth part is about the lawsuit of debtor’s object proceedings litigation requirements. From the main objection lawsuit, how to prosecute, the jurisdiction of the court, and the judge and the program’s performance on opposition described one by one. Grasping links of requirements for China to establish the lawsuit of debtor’s object provides a reference.