The Examining System Of Objection On The Civil Executive Behavior

There is a basic contradiction which is the security and restriction of enforcement power running through execution legislation. With the emerging awareness of civil rights in the enforcement gradually and the appearance of the〞execution in disorder〝progressively, national legislation strengthens the restraint of enforcement power gradually. The system of executive objection is that according to giving the rights to execution counterpart, checking and balancing the enforcement power of court. The procedure structure reflects the relationship between the state and the people. And it is a expansion of the relation between jurisdiction and claim in the execution field. However, the current legislation and judicial interpretation take a large step for perfecting the system of executive objection, they still can not fully meet the needs of the judicial practice, and affect the realization of prospective legislative function. This article is based on this consideration, with the method of logical analysis and comparison of research, to discuss building a rational examination system of objection on civil executive behavior in depth.The article is composed of three parts that are introduction, body and conclusion. Firstly, a brief introduction in the preamble is times of building a rational examination system of objection on civil executive behavior and writing angle.The first part of the body starts from the character and coordinating role of the examination of objection on civil executive behavior to introducing the basic concept theory.In the second part, the investigation is started from the extra perspective to analyze the evolution and advanced experience in different countries; and then censor the obstacles and zigzag course of building the system and the main factors of affecting the design of the system.The third part is the innovation in this article, which is, designing the examining system of objection on civil executive behavior. Firstly, the article censors the subject and object of objection, focusing on defining and refining the scope of the actions; secondly, in this part of the disposition of objection to examine, it divides execution judgment power and execution enforcement into three models ,including〞full unity〝, "limited separation " and "completely separate" of three, and analyze every of them; and then it makes basic program designing; at last, the main clause of the proposal daft of the examining of objection on civil executive behavior.