Research On The Debtor's Objection To Execution

In recent years,our country has set up and constantly improved the case of objection execution and participation in the distribution of objection,but the debtor's objection to execution has not been established.Objectively speaking,the implementation process,the debtor is eliminated,offset the subject's objection based on increasingly rare,the lack of the debtor of the lawsuit of enforcement in court can often make embarrassed.Based on this,the author tries to from the perspective of judicial practice,analysis of the implementation in practice,the debtor objection when processing way of the court,the debtor to reflect on the current lack of implementation of objection handling mechanism exists,in order to the debtor of the lawsuit of enforcement concrete construction puts forward the preliminary suggestion mode.In addition to the introduction and conclusion,this thesis consists of four chapters.The first chapter is the summary of the debtor's execution of objection.This chapter expounds the concept,nature and the difference between the debtor's execution of the objection and the execution of the objection.The second chapter is the investigation of extraterritorial debtor's action of dissent.This chapter reviews the legislation and practice of the debtor's objection litigation system in the major countries and regions of the continental law system,and summarizes the experience that can be used for reference in china.The third chapter is about the practice of the debtor's execution of dissent in china.The chapter on the basis of the specific cases,analysis of the implementation in practice,the debtor objection when executing a specific approach to the court,and on this basis,points out the existing processing methods used in the judicial practice.And the possible risk.The fourth chapter is the construction of our debtor's objection litigation system.The first chapter of our feasibility to establish the debtor of the lawsuit of enforcement and the necessity to carry on the analysis,and on this basis,from the lawsuit parties setting,filed subject,time limit,and brought under the jurisdiction of the court and the referee,put forward the conception of litigation request trial system design program etc..