On Civil Execution Objection System Perfection

In this paper, the implementation of China's objection to the civil status of the system for the study of China's current program to build civilian implementation of the system is imperfect and inadequate access to physical relief to reflect the current situation, and longitudinal study through the implementation of China's objection to the horizontal comparison in the history of the extraterritorial enforcement of objection and the relevant provisions of the system, trying to find a solution to the problem.In addition to this introduction and conclusion, but is divided into five sections, about 30,000 words:The first part is divided into two sections:the first introduces the concept of opposition system implementation, the implementation to define the nature of objections; the second describes the significance of objections to the establishment of implementation.The second part is divided into two parts, first described in 1991, respectively, "Civil Law" and the 2007 "Civil Law" and "interpretation" of the implementation of the provisions of dissent; followed by civil action summarized that existing law in regard to the old civil complaint v. objection to the implementation of Appeal system improvement.The third part of the rule of law outside the country (region) the status of the civilian implementation of objections to the system were investigated, according to the different legal systems, is divided into civil law countries (regions) ((Germany, Japan and Taiwan of China) and common law countries (UK and U.S.), and these countries (regions) of the opposition system implementation have been reviewed, summarized by way of contrast, horizontal provisions of improving our country's objections to the implementation of the system reference.Part IV describes the implementation of China's objection to the civil system of reflection, divided into three sections, starting with the three aspects of the current implementation bugs objection:that the implementation of the main opposition set to bring the subject and the lack of objection to censorship is very implementation perfect, the results of relief against dissent is not clear; the other from the three aspects of the existing defects in the implementation of objection to the complaint:that the debtor ignores the complaint the plaintiff filed objections to the qualifications, the lack of a third person, the debtor objections The complaint did not reflect; concluded the reasons for the formation of these defects.The fifth part is the implementation of China's objection to the improvement of the system is the focus of this article. In view of the objections to the implementation of the system status and defects, raised objections to improve China's implementation of the concept of the system, divided into two sections:first, the procedures for the implementation of structural opposition systems, including the re-set the execution conditions and the main opposition filed, complete the review and processing program, to further clarify the results of relief against three objections. Second, the objection is to improve the implementation of the complaint, including the debtor into the implementation of dissent among the subjects, the legislation expressly third person action status, the establishment of the debtor's objection to the third aspect complaint.