On The Defects And Improvement Of The System Of Objection To The Execution Of Cases In China

The execution objection system as a civil enforcement procedure in the relief procedure,is an important system in civil procedure law,The establishment of execution objection system in our country Civil Procedure Law was 1991,China's implementation of the system has been revised several times,up to now has more than 20 years.Subject as the classification standard,the implementation of objections can be divided into the implementation of the implementation of the objection,the implementation of the objection and the implementation of the objection.These three types of execution objection are of great significance in the civil procedure law relief system.However,the implementation of the system of objection has more special cases than the other two kinds of implementation of the system in the judicial practice,Therefore,this paper chooses the outsider's objection system as the object of study,through the critical analysis and reflection by the third party of objection system,In order to re construct the system of objection to the execution of the case,to further improve the development of the objection system.This paper is divided into five parts.In the first part of the paper,the author introduce the execution objection system and discusses the outsider objection system is the core and the typical execution objection system,Leads to the case of the implementation of the objection system as a sample,through the analysis of the case to find out the implementation of the objection system in the judicial practice of the defects and deficiencies,and then to achieve the purpose of the reconstruction of these defects and deficiencies.The second part,through the concept of execution objection system,the author outlines the nature and function of the outsider's objection system,and explains the significance of the establishment of outsider objection system.At the same time,through the introduction of the extraterritorial enforcement of the objection system,the author provides a reference for comparative analysis.In the third part,The author combs the development process of the legislative system of our country's outsider's objection,at the same time use the Supreme Court case show the outsider objection system in the judicial practice of our country.In the fourth part ofthe article,the author points out the problems of the system of objection to the implementation of the case in accordance with the analysis of the case of the third part and analyzes the causes of these problems.In the fifth part,the author embarks from the reality,undertake the analysis results above,from the aspects of the value choice,the function localization,the administrative power factor and so on,the author has carried on the reconstruction ponder to our country outsider's objection system.And set up a more specific litigation mechanism and institutional arrangements in the light of the reconstruction of the system of objection to execution.