Research On The Litigation Of Civil Enforcement Debtor's Objection

Civil enforcement procedures have always pursued the principle of inequality of creditor-centredism in our country's legislation.In order to quickly realize the claims of the parties,it has the feature of prioritizing efficiency in the execution of procedures.Although the implementation of the relief procedure in our country has achieved the purpose of satisfying the creditor's claims,it is not perfect,in the implementation of the relief system,in addition to the objection of the case and the execution of the license,the debtor's objection also plays an important role.In the legislation,in addition to protecting the application executor and third party,the interests of the debtor should also be balanced.While paying attention to efficiency,China's civil enforcement procedures should adhere to the basic concept of judicial justice.Under the premise of fairness and justice,we should pay attention to efficiency and cannot ignore this.The legislation of civil enforcement procedures in China should make clear provisions on the debtor's objection system as soon as possible,so that the debtor has legislative and judicial support in safeguarding his rights.The construction of the dissent system of debtors in China should focus on the implementation of the relief system in the civil law countries and regions,explore its basic jurisprudence,and avoid the derailment of China's civil enforcement procedures and relevant international systems.The accurate positioning of the nature of the debtor's objection is a prerequisite for the reasonable construction of the debtor's objection.The connection between the debtor's objection system and other law enforcement systems in China is the key to constructing the debtor's objection system,different enforcement procedures should seek common ground while reserving differences,so that China's civil execution procedures are will be more systematic.The core of the debtor's objection system is the dispute of the substantive legal relationship and the elimination of enforcement power,the res judicata is the key problem of the lawsuit in the program.The construction of a system does not happen overnight,the establishment of a debtor's objection requires the joint promotion of our country's law and society.at the same time,combined with the theoretical research of our law and the practical experience of the judiciary,we seek a balance between substantive law and procedural law,thereby perfecting the dual structure of China's implementation of the relief system.