Research Based System Of The Debtor's Objection To The Complaint System

After the plaintiff and the defendant brought a lawsuit to the court on the legal issues that were in dispute,the plaintiff had the right to claim payment when the plaintiff obtained the successful judgment.It is known that the execution will take time.When the execution procedure is not yet completed,the actual facts between the parties When there is a change and there is a dispute between the executor and the other party's right to request,due to the existence of an effective legal judgment document,there is no situation in which the applicant's rights have been violated.However,when the rights of the executor are infringed,it will not be effective.To the corresponding relief.Therefore,the litigation is to give the debtor the right to sue when there is a statutory cause that should not continue to be enforced,and the debtor can bring the litigation to the court,thus ending the previous enforcement system of the instrument.According to the existing legislation and judicial system in our country,it is necessary and reasonable to construct the lawsuit.This article mainly discusses from the following sections:First,summarize the characteristics and nature of the debtor's objection.The integration theory circle commented on the concept of the suit and defined the concept of the suit.Analyze the nature of the lawsuit,summarize the characteristics of the lawsuit,and finally,define the nature of the lawsuit as a complaint of relief according to the characteristics of the lawsuit.In the second part,the comparative analysis method is used to clarify and research the construction of the litigation system in other countries and regions.The purpose and similarities and differences of the lawsuit system in different countries are analyzed to provide a theoretical reference for the construction of the lawsuit in China.Finally,on this basis,the advantages of legislation in other countries are absorbed and combined with China's actual legislation and judicial circumstances,the construction plan for China's system is proposed.It will be explained from the aspects of litigation subject,subject matter and specific procedures.