The Construction Of The Enforcement Objecting System

After the legal rights and interests of the parties and the third party is aggrieved by illegal and unmerited execution actions, the execution objection system's purpose is almsgiving availably the parties and the third party in good time. When the above mentioned events happen, there are no almsgiving ways or no all-around almsgiving ways because there are many kinds of limitations in our actual execution objection system. In order to safeguard the legal rights and interests of the parties and the third party, make execution actions criterion, and ensure impartiality of execution procedure and execution outcome, we should construct a new execution objection system on the base of the situation of our country which include our economic development status, rule-by-law status, judicatory practice and people's requirement. In the same time, we should use other countries' experience for reference. The author thinks that, the new execution objection system includes objection requisition system and objection lawsuit system. The precondition of objection requisition is that illegal and unmerited execution actions aggrieved the proceeding rights of the parties and the third party, and its purpose is to correct execution actions which disobey execution procedure. Objection lawsuit is an almsgiving way by which the debtor or the third party petition to judge substantial legal relation and to exclude compulsive execution by the way of lawsuit. The precondition of objection lawsuit is that the debtor or the third party thinks the rights of the creditor as illegal, or that they have substantial rights to exclude compulsive execution. Objection lawsuit may divide into objection lawsuit by debtor and objection lawsuit by the third party according to the different of the main body of objection lawsuit. The startup of objection requisition and objection lawsuit should be provided with subject condition and object condition. Generally, the execution court accepts execution requisition and execution lawsuit, and then censors and judges the case according to legal proceedings strictly.