The Research On The Action Of Objections To Distribution Of Process Of Execution

The article 25 th and article 26 th of Supreme People's Court “on the issues of applying “People's Republic of China Civil Procedure Law” executive explained ”, created the suit about objections to distribution of process of execution. The provisions are too abstract, simple, specific that makes the rules inapplicable. It will lead to substantive legal gaps like chaos and the court creates any procedures of resolve distribution disputes. It not only harms the authority of the judiciary, but also easy to damage the rights of others. The action of objections to distribution of process of execution is the only entity relief channels. In order to guarantee participation fairness in the distribution of procedural, we must have a smooth channel for relief. It is an important part of the implementation of relief. The in-depth studies of the action of objections to distribution of process of Execution are beneficial of the overall implementation of the relief. This article makes it better from the aspect of internal elements and jurisdiction, and other aspects of the action. It has twenty thousand words and divided into four parts.The first part is the basic theory of the action of objections to distribution of process of execution. This section explains the meaning of the action of objections to distribution of process of execution, and delineates the scope of this study. It belong to the action of objections to distribution of process of execution, which has dual properties of the formation of the action and confirmed of action. Comparing with the opposition action of debtor and the opposition action of the third person, author find that they have different in body, purpose, reason.The second part is the action of objections to distribution of process of execution's procedural matters. The matters include that the action of body, Jurisdictions, referee, convergence with other action. It Specifically Contains no specific objections of the creditors or the debtor to what action status, the manner in which the merger action, the appellate decision what effect the doctrine should be adopted, and other relations with other action.The third part is comparative analysis of the action of objections to distribution of process of execution of extraterritorial provisions. The section is a comparative analysis of Germany, Japan and Taiwan of China on the action of objections to distribution of process of execution. Extraterritorial provisions procedure are in detailed and unique. Germany and Japan have taken the relatively effect of judgment, where creditor priority claim. China's Taiwan uses the absolute judgment, where creditor prorated.The last part is improving the action of objections to distribution of process of execution. This part improve the system from the body specific, actionable judgment relatively, convergence with other action, type of error distribution and other aspects. The objections can increase their allocations, which is the qualified accuser. Without objections of creditors, the creditor can not be a third party without independent right. The judgment has relative effect, when creditor priority claims. Without mature theory of effect of referee leads to unable to follow with other extraterritorial rules. We construct localization convergence rules that are based on the action of third withdrawal. Executive assignment errors are divided into three types. They were designed with different means of relief.