Research On The Action Of Objection To Execution

The system of objection litigation is a new type of system which is based on foreign legislation and trial experience.It is a new litigation system which was established in 2007 when the civil procedure law was amended.This paper analyzes the concept and characteristics of the execution of dissent litigation,analyzes the legal basis and significance of the execution of dissent litigation,studies the status quo of the execution of dissent litigation system in China,and examines the enforcement objection litigation system of some countries outside the region.In addition,the author compares the system of executing objections in China with the system of executing objections in foreign countries,and makes a study of the controversial hot spots involved in the new type of lawsuit of executing objections in the light of trial practice.To conclude that there are cumbersome procedures in the current system of complaints against the execution of objections,unclear procedural problems in the distinction between the execution of objections and the substantive objections,and that the protection of substantive rights is not comprehensive.In the end,we proposed to improve the system of complaints against the execution of objections in China,cancel the pre-procedure,clearly distinguish between the execution of objections and substantive objections,and clarify the basis for the execution of objections by outsiders and expand the scope of protection.It is further proposed to extend to the scope of protection of the grounds of the right to sue for the enforcement of objections the substantive rights acquired through debt in REM,the substantive rights based on deposits in bank margin accounts,and the substantive rights based on the right to preferential payment of the project.Cheeky.