Research On The System Of Opposition To Enforcement

Execution objection system is the general name of the rules and principles dealing with the objections raised by the parties and outsiders in the execution procedure.China's enforcement objection system has a long history.In the Civil Procedure Law of 1991,there are provisions on the handling of objections to the object of enforcement.When the Civil Procedure Law was first revised in 2007,China formally established the enforcement objection system with the basic framework of the objection to the Execution Act and the objection to the object of execution.In order to regulate the court's handling of the procedural review case of execution objection and reconsideration,the Supreme People's Court promulgated in May 2015 "Provisions on Several Questions of the People's Court in Handling the Cases of Execution Objection and Reconsideration",effectively filling in the blank of the procedural rules for handling the cases of execution objection.This article takes the framework and problems of the enforcement objection system as the research object,starting from the definition of the enforcement objection system.According to the procedure or the entity's right attribute of the opinions put forward by the outsiders,the execution objection system is divided into the objection of execution behavior supported by procedural rights and the objection of execution object supported by substantive rights.The right basis of the two objections is different,and the way of examination and treatment also shows the difference between externalism and materialism.The objection of execution behavior is the product of the evolution from execution supervision to execution relief.The objection of execution object is the product of the refinement of relief by outsiders.The refinement of the latter refers to the evolution from the objection to retrial and execution objection because it is related to the original judgment.Complaint of objection to execution is stipulated in civil law countries or regions and common law countries.The mode of handling the complaint is related to the execution system and the arrangement of executives in that country or region.In our country,the execution of objection litigation started relatively late.Considering the imperfection of property registration system and the quality of execution team,the litigation has a pre-review procedure,which has been criticized.In addition,there are problems in the handling of post-execution objections,the functional relationship between the execution objections and the execution supervision,the exclusive jurisdiction and other procedural provisions in the execution of objections.This paper summarizes and enumerates the evolution of the number of execution objection cases in China from 1999 to 2018,and summarizes the law of change under the evolution of procedures.Based on the analysis,this paper puts forward clear principles and methods for handling objections to execution,implements the broad scope of execution supervision,and guarantees the procedural rights of the parties through various measures;puts forward the pre-examination of canceling the objection to execution,returns the right of action to the outsiders,respects its jurisdictional choice in striving for substantive rights,and perfects the objection,procedural settings of litigation and elimination of procedural defects.