The Research On The Action Of Objections To Distribution Of Process Of Execution

The objection to the civil execution distribution plan is to set up the remedy system to protect the rights of the parties who have objections to the distribution plan in the execution procedure.The appellation varies from country to country,with "participating in the distribution of litigation" and "representation of dissent",etc.Civil execution scheme of objection lawsuit procedure in China,issued by the supreme people's court's judicial interpretation is established,the rules are too simple and abstract,did not do allocation scheme objection suit is detailed provisions,lead to local court practice in practice is not unified.In order to prevent the court operation from causing confusion of legal order and damaging the judicial authority,we should elaborate the relevant rules of this lawsuit and fill in the theoretical blank.This paper intends to make a beneficial exploration.This paper includes four sections:The first chapter is a general introduction of the objection of civil execution distribution plan.This chapter elaborates what is the distribution plan,analyzes the connotation of the objection to the execution of the distribution plan,and analyzes the nature of the objection to the execution of the distribution plan.In positioning on the program,the execution objection proceeding with ordinary civil procedure and the debtor,an outsider execution objection to suit other,comparing the execution objection proceeding profound interpretation to perform assigned objection proceeding.Finally,the author analyzes the value theory of this lawsuit,thus revealing the original intention of this lawsuit.The second chapter is a review of the rules of the civil execution distribution.This chapter mainly analyzes the implementation distribution plan and the lawsuit in China,points out the advantages and disadvantages of the relevant regulations.The third chapter is about the legislative investigation of foreign countries and regions.This chapter mainly introduces the relevant legislation in Germany,Japan and Taiwan,and sorts out the relevant rules.On the basis of this,we can find out the commonalities and seek for reference for the further development of the objection to the implementation of the distribution plan in China.The fourth chapter is to perfect the thought of the objection of the civil execution allocation plan.This chapter on our country execution scheme and proceeding evaluation conducted on the basis of deep reflection,fully learn outside of the efficiency of the countries and regions,and based on the practice in our country,the constitutive requirements,court judges,and other litigation coordination,etc,put forward their own thinking and opinions,to perfect our country execution objection lawsuit provide feasible suggestion method solution.