On The Improvement Of The System Of Objection To Execution

In the period of "three years of basic solution to the difficulty of implementation",in recent years,all walks of life have focused on enforcement.The court system has its own compulsory measures from top to bottom,the focus of the lawyer industry from trial to execution,the publicity of various media on enforcement and the hope of the people on enforcement.These obvious changes show that there is a kind of implementation from the curtain The sense of seeing behind the stage.Compulsory execution refers to the behavior of the executive body(Executive Board/court)of the people’s court and its executives who use the state force according to law,and through the application of various judicial resources and various essential elements,and take various enforcement actions to enforce the obligations determined by the effective legal documents,and also convert the concept form of the effective judgment documents into practical effects,so as to make the discretion The process of achieving the objectives set forth in the judgment document.As a judicial staff who has worked in the Executive Board of the basic court,they have a close experience in the implementation.The enforcement measures are more and more strict.The living space of Laolai is becoming narrower and more narrow,and there is no place to escape.Compared with the past,the credibility of the place of execution is gradually enhanced,and the interests of the applicant are gradually guaranteed.However,it is inevitable to neglect the protection of certain rights because of the lack of balanced consideration of both parties and even the relevant obligees.This is why,in recent years,there are many problems in the judicial practice,including but not limited to the abuse of the application executor to the registration system of the execution of the case,the abuse of the enforcement objection system by the executor,the malicious extension of the execution time,the lack of protection of the substantive rights of the outside person due to the asymmetric information.Therefore,it is necessary to improve the relief system in the process of implementation,that is,the system of enforcement objection.This paper aims to study and analyze the implementation objection system,and to discuss the current situation and deficiency of the system of enforcement objection in China,and to compare it with other countries.In the local practice of our country and other countries,the author first finds out the problems in our judicial practice,and puts forward corresponding suggestions for improvement,and explores the implementation of objection system in China The new idea of the dissenting system can solve the existing system problems in our country,complement the enforcement and promote the solution of the "difficult implementation" problem in China.This paper mainly includes four parts.The first part is the connotation and development of the enforcement objection system.Through introducing the concept characteristics,development process and system function of the system,the paper summarizes the value objectives of the implementation objection system,and leads to the theme of the paper.The second part is mainly about the investigation of similar system of enforcement objection abroad,which is divided into two parts:common law system and civil law system,including comparative law research of similar system of execution objection in Britain,the United States,Germany,Korea and Japan,and analyzes its differences and relations,summarizes their institutional characteristics and extracts the contents that can be used for reference to China.The third part is mainly about the problems existing in the system of enforcement objection in China,which is analyzed from four aspects:the standardization of the implementation objection,the rationality of the decentralization of the executive department,the limitation of the pre measures of the enforcement objection,the commonality of the execution objection and the action of the execution objection.The last part is the idea of perfecting the system of enforcement objection in China.Through the above analysis of the problems of the system,the author puts forward some suggestions on the perfection of the system by using systematic and comparative methods.