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Study The Lawsuit Of Debtor's Object In The Enforce Procedure

Posted on:2018-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:X H ShiFull Text:PDF
Abstract/Summary:PDF Full Text Request
The relief system of civil execution can be subdivided into substantive execution relief system and the procedure of execution of remedy system,the implementation of objection is the key substantive execution relief system,and the substantive relief system is an indispensable part of the relief system of civil execution,the debtor of the lawsuit of enforcement is an integral part of is very important for the Civil Enforcement Relief system.The civil procedure law after two revisions in 2007 and 2012,the lawsuit of enforcement of legislation in our country has been established and perfected,but its affiliate program is not perfect,such as the debtor's objection to execution is missing,the lawsuit about implementation is slightly incomplete in China.It is a great pity.The debtor's objection to execution of equal treatment in the procedure of execution of creditor and debtor,the realization of "the principle of equality before the law",the right can give the debtor the right basis for enforcement to protect the rights and interests of the debtor entity.The establishment of the litigation of executive objection is also conducive to further ease China's current judicial practice "difficult to implement" and "implementation of chaos",and execution of stubborn problems,provide formal channels for solving the reasonable demands of the debtor in the execution,the creditor and the debtor to fairly protect the legitimate rights and interests of the parties to balance the rights and interests,maintain social long period of stability.This paper consists of four parts.The first part is an overview of the debtor's objection to the implementation of the system,an overview of the concept of the country on the description of the concept of action,summed up the debtor's objection to the implementation of the action.And will be similar to the implementation of the objection,the case of the parties to implement the concept of dissent v..The second part is to analyze the current situation of China's implementation of relief legislation to analyze the defects of China's current implementation of relief system.Probe into the reasons for the absence of debtor's objection to execution in china.And the establishment of the debtor's objection to the implementation of the theoretical and practical significance of the detailed description.The third part focuses on the nature and procedure of the debtor's objection to execution.Based on the analysis of the mainstream theory about the nature of the lawsuit,the author makes a study on the nature and procedure of the debtor's objection litigation in our country.The fourth part is mainly on the debtor's objection to the implementation of the procedures for the construction of ideas.Referring to the foreign legislation and practical experience,based on the practice of our country,we construct the debtor's objection procedure.
Keywords/Search Tags:Implementation of dissent by the debtor, remedy, opposition to enforcement
PDF Full Text Request
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