On The Construction Of The Lawsuit Of Debtor Objection

Debtor objection is an important remedy in the civil execution procedure.Debtor objection is mainly the objection when the name of the entity on which the legal relationship is changed,the debtor to sue for the way to safeguard their legitimate rights and interests of a relief approach.In the civil execution activities,due to various situations,improper execution or even illegal behavior will inevitably occur,which will lead to the violation of the legitimate rights and interests of the debtor.Therefore,it is very necessary to establish and improve the debtor's relief system so as to effectively safeguard the legitimate rights and interests of the debtor.Most countries or regions have set up debts against debtors.Although China has conducted an academic study on the debtor's system of objections,it has never been established in the legislation.In recent years,our country has not covered the system of debtor dissenting in the amendment of civil procedural law in the execution of remedies.Therefore,it is a very urgent task to construct the system of dissent of our country debtor.This thesis first introduces the basic theory of debtor dissenting complaint,including its concept,characteristics and legal nature,which provides a theoretical basis for exploring the construction of debtor dissenting complaint system.Secondly,this paper further analyzes the reason why China has not set up debtor objection at this stage,and discusses the necessity of constructing the objection system of debtor from the aspects of protecting the legitimate rights and interests of the debtor,restraining the execution right,settling disputes and improving the efficiency of execution.Represented by the system of objections of debtors in Germany,Japan and Taiwan of China,this paper demonstrates the application of the objection lawsuits of debtors in the field and briefly discusses the legislative basis and practice of the system of objections in our country from the current situation in China The practical experience of our country to discuss the feasibility of the debtor dissenting complaint system established in our country from both the inside and outside the domain.The construction of the debtor objection should be based on the principles of proper relief and efficient adjudication,and seek the unification of justice and efficiency from the handling procedures and the handling results of debtor objection.Based on the principle of proper relief and the principle of efficient adjudication,and then put forward the idea and concrete conception of the construction of the system of objections to debtors in our country.First,the parties to the objections of the debtor should be regulated.Secondly,the debtors of objections of debtors should be discussed The reasons are divided into four aspects,extinction of creditors' requests,obstruction of creditors' requests,reasons of non-establishment of creditors' rights and reasons of non-enforcement.Thirdly,the scope of application of objections by debtors,The judicial courts and other aspects to consider and design.Finally,from the debtor's opposition to the trial,the referee and the legal effect after the trial to proceed,of which the debtor objection to the legal effect is divided into the prosecution of the prosecution of the implementation process The impact of the revocation of the implementation of the implementation and implementation of the rotation,the appeal was rejected after the debtor relief channels three cases were analyzed.