Research Of The Execution Objection Procedure

As a means of execution remedy, the execution objection procedure for an outsider against infringement of execution behavior may cause the entity, is currently the only one in our civil procedure law allows the parties in the lawsuit deterrent to the execution of the subject matter of enforcement proceedings, also is one of direct restrict executive power in trial procedure, in play a major role in effectively protecting the legal rights and interests of an outsider. But in our current execution objection lawsuit system execution objection lawsuit jurisdiction, initiate a execution objection proceeding of the provisions of the conditions and time limit is not scientific and reasonable, there are some loopholes and unreasonable place, bring inconvenience to the judicial practice.This paper is divided into three parts: The first part of the presentation and analysis of Zhang v Warwick construction and installation(Group) Co., Ltd outsider Shambhala based on opposition to execution on the case of existing legal issues to sort out whereby institutional study on the implementation of this article on opposition to the leads. In the second part, the author based on opposition to the theoretical premise of the analysis performed to execute on opposition to foreign institutional provisions based on opposition to execution of foreign institutional complaint investigation, to find out by comparing the execution of objection complaint in the theoretical framework and practical problems existing in judicial practice, and expand the appropriate analysis. The third part of the basis of the previous analysis of the text, from the perspective of the author Execution Objection Perfection of Action Systems departure, including the proposed redefinition of execution Prosecution objection jurisdiction, clear outsider lawsuit filed objections to the implementation of the same type case claimed the right type and the introduction of third party litigation system improvement recommendations.The article based on the previous analysis and argument, to improve our execution on opposition goal, from the level of theory and judicial practice, the theory put forward to solve the complaints of opposition to execution of the Construction of a vague position, qualitative Clear measures to improve, and strive to improve our execution objection procedure to provide the appropriate reference theory and practice models.