On The Perfection Of The System Of Objection To Execution In China

On February 4,2015,the “Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China(hereinafter referred to as the “Interpretation of the Civil Procedure Law”)was formally implemented.The “Interpretation of the Civil Procedure Law” strips the implementation of the objection from the chapter of implementation and there is the first occurrence of the ‘implementation of the objection',divided into thirteen provisions(in fact,in the chapter of Implementation,there is a provision related to the implementation of the objection)giving more detailed provisions of the implementation of the objection.This is a summary of the implementation of dissent at home and abroad on the basis of trial experience,and the implementation of the objection system of conducts a comprehensive revision and enrichment.The importance of making up the legislative defects for the implementation of the objection and guiding the great progress of judicial practice is self-evident.However,with the expansion and progress,the interpretation of the objection is still controversial and worth thinking about.Based on this explanation,this paper analyzes and investigates the implementation of the objection,and puts forward my own opinions on the perfection of our system.This paper consists of introduction,text and conclusion.Among them,the text consists of four parts: the first part is the theoretical basis of implementation of the objection,expounding the concept and system of the implementation of the objection,discussing its nature,function and value,and examining the system of the countries and regions with civil law.The second part is the development of our implementation of the objection and the construction of the system,making a review and evaluation of the development history of our implementation of the objection,and focusing on the provisions of the “Civil Procedure Law” on the implementation of the objection.The third part analyzes the construction insufficiency of the implementation of the objection from the form and content.The last part is full of thinking and puts my opinion from the form and content,on the basis of the construction of implementation of the objection from the “Civil Procedure Law”.