The Applicability And Perfection Of Our Country's Execution Objection System Based On A Real Case

In recent years, activities of dealing with difficulty of enforcement and deadbeat are being conducted by the people's court among the communities. Court plays significant effects on protecting the authority of the court's judgment and safeguarding the interests of execution applicants, which manifested the strong national mandatory. But infringement of legitimate rights of a person subjected to execution the interested party, the outsider's always happen when court executes effective judgments, because of some reasons such as lagging of judgment documents, synchronization on properties ownerships between their reality and appearance. There should be relief against infringement. The execution objection system is of importance during the process of executive in relief the legitimate rights for the parties, interested parties and the outsiders. Objection system in China is applied lately. Moreover, with the deepening of the judicial reform, in the beginning of this century, it has a rapid development,and objection system is gradually formed base on civil procedure law, judicial interpretation and execution of normative documents. Especially, in 2015, the Supreme People's court has issued ‘on the application of the " PRC Civil Procedure Law " interpretation' and ‘Regulations on the people's court for some problems in the execution of objection', and further unify the people's court to review the execution of objection and reconsideration cases standards, and it plays guidance roles on relationship between substantial law and procedural law, which let us see the dawn of development of the execution objection system. However, in judicial practice, there are still some problems in execution objection system, which needs to be further improved.In this study, from a real case during judgment practice, judging without completely separation exposed in the execution objection, disunity case reasons of outsider objection, unscientific the review period, unpunished for false, malicious to execution objection and these related problems were introduced through evaluating and analyzing of the controversial focus of the case.Then, execution objection is analyzed in terms of the theoretical level, namely, summary the concept of the execution objection, its characteristic analysis, conclusion its principle and comparison of execution behavior objection and outsider objection, in order to make people much understand the execution objection system. Subsequently, the author introduced the development of execution objection system and current judicial situation, and drawback of the existed implementation objection system from a practical view.Finally, aiming at solving the above problems in the execution objection system put forward a clear objection filing review subject and the exercise of jurisdiction over the objection of executive agencies, the legal reason unified objection, handle the relationship between procedural objection and entity objection concurrence, objective regulation review period and increase penalties for abuse of objection the perfect proposal.