The Legal Regulation Of The Debtor's Abuse Of The Right Of Objection In The Supervision And Urging Process Of Our Country

Supervise and urge program is designed to deal with growing heavy trial tasks and judicial situation day by day obvious contradiction between the limited judicial resources.Throughout its value orientation is to through the case of the shunt,filtering of dispute cases,saving judicial resources,realize the efficiency of lawsuit.Supervise and urge the application of the program,in the public,to reduce the expense of judicial resources,alleviate the pressure of the court case people less;In private,reduce the costs of the parties,lighten the burdens,and can quickly realize creditor's rights confirmation and into the executable program.Supervise and urge program in our country to set up the first ten years,the research achievements of academic circles to supervise and urge program is relatively abundant.Since then,for various reasons,supervise and urge program at lower and lower rate of apply in judicial practice,it has almost to the point of "useless",the academic study of the supervise and urge program also slowly lose interest.Even if the Supreme Court specifically at the end of 2000 will supervise and urge program made the judicial interpretation,in 2013 as of xinmin v.to supervise the program to the effective operation of some positive regulation,has not caused much response.Through research,this paper think that in our country,supervise and urge the debtor objection power abuse in the program,order of payment objection rate and the failure rate is high,supervise and urge program running in the judicial practice effect is not very desirable,is to supervise and urge program is one of the main reasons for his neglected in our country.Supervise and urge program debtor objection to abuse authority not only damaged the lawful rights and interests of creditors,has wasted scarce judicial resources.Dissent rights abuses to the debtor,therefore,the law regulation for activation supervise procedures vitality,improve the efficiency of litigation,to court to reduce the burden of great significance.This paper focus on how to regulate abuse of right to dissent,the essay discusses this problem.The introduction of this article,through the national,regional supervise and urge program outside of statistical data and supervise the procedure in China for statistical data analysis,found that urge procedure in our country play a role in the judicial practice is clearly outside,rendering payment to the current situation of low efficiency,supervise and urge program vacancy,which leads to the debtor objection problem behavior of the regulation of the power abuse.Except the preface and epilogue,the main body of this thesis has four parts:first,to supervise and urge program debtor objection to define the concept of the right behavior,abuse,analyzes its legal characteristics;In this paper,the second part,the proper boundaries of exercising for dissent right more in-depth research,the good faith as to determine whether a person to exercise the right of dissent subjective intention in good faith,whether legitimate dissent behavior standard,for the judge to decide questions of abuse of right of dissent to provide a more solid basis;In this paper,the third part from two aspects of private rights and public rights damaged damage in this paper,the harmfulness of debtor objection right abuse behavior,and from the legislative,judicial,the parties,the social factors to our country urged dissent rights abuses in the program,analyzes the causes of roots roots;Finally,on the basis of above analysis,to supervise and urge the cause of the debtor objection to rights abuse in the program to find countermeasures,prevent the pathway and regulation,in this paper from two aspects of substantive law and procedural law legislation and judicial practice put forward the corresponding suggestion.