An Empirical Study On The Objection Of The Civil Execution Distribution Plan

In the execution of a case,it happens that these applicants' credit cannot be effectively protected because of the executed person's insolvency.That is routine in this situation.Also,due to the limited bankruptcy in China,individuals and unincorporated organizations could not use bankruptcy to protect the legitimate rights and interests of creditors.In this case,we set up a distribution system to solve this problem by referencing to relevant provisions of the Western countries.It had been formally established the distribution system of the participate and ruled the distribution conditions,procedures and principles of the participate by civilian opinion in 1992.In 1998 the supreme people's court about execution work on several issues regulation(try out)of people's court has carried on the elaboration again about this system.In 2009,the article 25 and article 26 in the supreme people's court about the applicable of the People's Republic of China civil procedure law,the explanation of some issues about enforcement procedure,provide relief way for participating in the distribution of the creditors and applying for execution for the first time,namely the dissenting executive scheme and implementation scheme objection proceeding.Especially execution scheme objection lawsuit which belongs to the civil execution has made a major breakthrough in the legislation.It provides in the form of litigation to safeguard the legitimate rights and interests of their own way for the parties who are raising an objection about performing assigned scheme.In 2015,the latest interpretation of the Civil Procedure Law,will once again participate in the distribution system,the implementation of distribution plan,distribution plan execution objection,execution made a more detailed provisions on opposition and other distribution programs.However,in practical operation,especially for the understanding and application of process execution allocation lawsuit in opposition,as well as specific case hearing,there are still many problems in the implementation process,it is necessary to the appeal for further research and demonstration.The thesis consists of an introduction,body and conclusion,the text is divided into four parts.The introduction of this article is mainly summarized the operation of the implementation of existing distribution and presented many problems which exist currently in practice.And as an entry point,lead the author to study the significance of the objection to the implementation of distribution plan.The first part of this article analyses and summarizes the problems which exist in practice of the objection to the implementation of distribution plan.By using the way of comparison and analysis of the cases,the author compares,analyzes and summarizes our current judicial practice of filing this appeal,trial,judgment problems and practice of different courts.The second part introduces the situation of current legislation of the objection to the implementation of distribution plan.Start from the field of civil action for the implementation of the distribution system to the legislative process,through analysis of articles of law,to clarify the origin of the objection to the implementation of distribution plan and the current situation of legislation.The third part of the article analyses the theory of the objection to the implementation of distribution plan.First,start from comparison and analysis of the implementation of dissent and opposition allocation scheme,clarify similarities and differences of the implementation of dissent perform acts of dissent,executed subject objection,objection to the implementation of distribution plan,distribution plan on opposition to the implementation and several concepts,to distinguish the scope of application of the objection to the implementation of distribution plan.Secondly,introduce briefly on how to deal with the implementation of the program of the objection to the implementation of distribution plan.The first step is to explain the operating process of the objection to the implementation of distribution plan,the second step is to explain the several steps to act initiation of proceedings.Then from the perspective of the constituent elements to analyzes the complaint.Finally,to elaborate briefly the understanding of the author to the complaint.The finally part contains the summary of the above and some ideas of author to prevent abuse of the right to dissent filed consideration of the appeal,the author will combine the latest interpretation of the provisions of civil procedure and the issue which case reflects,and put up comments and suggestions how to prevent the abuse of the right to dissent in the legislative and operating practices in the last part.