Research On The Debtor's Objection Lawsuit In Civil Execution

The debtor's objection is not only one of the core contents of the debtor's rights relief in civil execution,but also the focus of the theoretical study of the implementation of the relief system.After the implementation of the name,if there is a situation in which the content of the rights and obligations recorded in the execution name does not conform to the actual rights and obligations of the parties at the time of execution,in order to protect the legitimate rights and interests of the debtor,the law should give it the right to file an objection.In most countries or regions of the civil law system,the debtor's objection system has been quite mature and perfected in both legislation and judicial practice.However,in our country,although the theoretical circles have had a heated discussion,in the legislation,the provisions on the debtor's objection are not comprehensive and not specific.In addition to the provisions on the enforcement of the notarized creditor's instrument on the debtor's objection,the execution of several other enforcement names does not stipulate that the debtor can file an objection.In particular,with the increasing of the improper implementation,the debtor's substantive rights have been seriously damaged,the existing defensive system in China cannot provide the debtor with a reasonable and effective remedy.The defect is more obvious,and the debtor's objection system is fully and systematically established.It is even more important.This paper starts with the basic theory of the debtor's objection,combines the legislation and judicial practice of our country,analyzes the problems existing in the debtor's rights relief in China,and combines the relevant experience outside the domain to put forward some thoughts on perfecting the debtor's objection system.Except for the beginning and end,the main content of this article consists of the following parts:The first chapter just like a foundation of the skyscraper,it's about a general introduction to the debtor's objection in civil execution.Firstly,by comparing the scholars' different understandings of the concept of the debtor's objection,understand the specific connotation of the debtor's objection;secondly,through the analysis of the debtor's objection and the relevant system,clarify the relationship and difference between them.Deepen the understanding of the debtor's objection;then,analyze the nature of the disputed dissident's objection in the academic world to clarify the type of litigation of the debtor's objection;finally,the entity and procedure to challenge the debtor's objection The discussion of efficiency and fair value selection seeks to grasp the debtor's objection complaint from the overall system design.The second part is an analysis of the legislative status of the debtor's dissent system in China.Through the analysis of the legislative outline of the debtor's objection in China and the specific legal analysis,we find out the problems that exist,that is,there is no comprehensive system for establishing the debtor's objection system and the existing complaints about the debtor's objection.To stipulate the shortcomings of existence,so as to explain the existence space of China's comprehensive and systematic establishment of the debtor's objection system in the legislation.The third part takes a specific case as the entry point and introduces the discussion on the solution of the debtor's substantive objection in civil execution.Then,combined with specific cases,it analyzes in detail the problems brought about by the judicial system in the absence of a comprehensive debtor's objection system in China's legislation,that is,the problem of separate prosecution and execution procedures will be eliminated when the scope of the objection is not included in the review.Efficiency;and the scope of review included in the implementation of the objection will result in a review of the ruling instead of the ruling,contrary to the principle of separation of trials.Finally,the reason for the problem is that China's source has not fully established the debtor's objection.The fourth part is the perfect proposal for the system of dissent of dissent in China.First of all,it is a justification analysis of China's comprehensive and systematic establishment of the debtor's objection.From the theoretical level of procedural guarantee,rights protection,and implementation of the relief system,we will discuss in detail the necessity of comprehensively establishing a debtor's objection in China,and then proceed from the aspects of extraterritorial experience,theoretical development,legislation and practice,and establish a debtor for China.The feasibility of the objection complaint was investigated.Then,combined with the specific situation of our country,this paper puts forward some suggestions on the legislative system,the subject of litigation,the issues related to the objection of the objection,the burden of proof,etc.,in order to promote the comprehensive establishment of the dissent system of debtors in China.The main point of this paper is that from the perspective of empirical analysis,it discusses in detail the shortcomings of the debtor's substantive rights relief in civil execution in China's legislation and judicial practice,and then from the legislative model,litigation target,proof responsibility and so on.Proposal for a comprehensive and systematic establishment of a system of complaints against dissidents in China.