An Analysis Of The System Of Executing Objections By Outsiders In China

In the process of enforcement,once the outsider finds that his lawful rights and interests have suffered damages to the enforcement procedures,he may immediately raise an objection to the execution court to the outside court.My purpose is to sort out the basic theory of opposition cases in China and review the current status of objection review,and make suggestions on optimizing the implementation procedures and objection review.The main article is composed of five parts.The first part mainly summarizes the objection system for the execution of outsiders in China,including the introduction of the system' s establishment reasons,concepts,features and functions.Starting from the compulsory and high efficiency of civil enforcement measures and the external review of enforcement targets by enforcement personnel,the reasons for the establishment of an outsider objection system are introduced,and details of China' s extracurricular cases are introduced in terms of subject,content,requirements,jurisdiction,and time limit proposed The characteristics of the person dissent system elaborated the role of the system in protecting the outsider entity and litigation rights,balancing the interests of outsiders and parties,and supervising and restricting flawed execution.The second part mainly introduces the development history and the current objection review rules in China.Using the method of theoretical sorting and enumeration introduction,the changes of China' s dissident objection system from 1991 to 2017 are introduced.Among them,the objection review rules include:review principles,review methods,launch of review procedures,review content,and review evidence rules.The third part introduces the objection-related objection handling as an example,and introduces the types of objectioners in common cases in China and the methods of objection handling and review under corresponding circumstances.Introduced in detail the objection handling methods related to the housing advance registration system,houses with mortgages,and installment purchases.The fourth part mainly introduces the problems and reasons analysis in objection review.Starting from the problems of more false objections,insufficient understanding of the objection relief procedure,and the pre-examination review mechanism of the objection,it is analyzed that the reasons for China' s objection review mostly focus on implementation efficiency and despise fairness.The fifth part is the perfect opinions on the current objection system.Combined with the problems and causes of the fourth part,decibels put forward opinions from macro and micro.At the macro level,it is necessary to establish a value orientation centered on protection of rights,remove the review mode that blindly pursues efficiency,optimize the internal resource allocation of the court,and improve the ability of court staff to handle cases.At the micro level,it is necessary to strengthen the handling of false objections,take the initiative to explain the relief procedures after the review is completed,and gradually improve the pre-object ion review procedures.This article also combines legal theory and judicial practice,citing a large number of cases and data analysis,hoping to play a small role in promoting the dissent system for outsiders in research cases,but it is limited to my level of knowledge and the complexity of the system.There are deficiencies in theoretical elaboration and system design,which should be continuously improved in continuous learning and practice.