The Study On Improvement Of The Objection System Of Distribution Scheme In Civil Execution In Our Country

The objection system of distribution scheme in civil execution is the product of participate in the distribution system. The theory of right relief, procedural justice, and restriction of power are the theoretical basis of the system. The execution justice and execution efficiency are the value pursuits of the system. In order to adapt to the structure of the relief system in civil execution, the objection system of distribution scheme in civil execution is consist of procedural objection system and substantial objection system, including objection of execution behavior, objection of distribution scheme, and objection lawsuit of distribution scheme. Our country formally established the objection system of distribution scheme in civil execution through amending the civil procedure law in2007and issuing judicial interpretation of execution procedure in2008. This is a major breakthrough and progress in our country’s legislation of civil execution. However, up to now, the objection system of distribution scheme in civil execution in our country not only has many shortcomings in legislative content, but also generates many non-standard problems of operation. These defects make the system do not play the biggest role as the people’s wish. So this article is on the basis of previous research results, through taking the methods of studying the legislation of foreign countries and Chinese Taiwan, and combining the basic theories of civil suit, putting forward some proposals to the problems of the system, looking forward to provide some referable content to the improvement of the system.This article is consisting of four parts:The first part is the theoretical study on the objection system of distribution scheme in civil execution. The first, introduce the produce, concept and content of this system; the second, introduce three theoretical basis of this system; the third, analysis two value of law this system pursuits; the forth, introduce some academic disputes on this system.The second part is the investigation of the objection system of distribution scheme in civil execution in other countries and areas. We’ll sum up the features and the useful points of the objection system of distribution scheme in civil execution in Germany, France, Japan, Korea and Chinese Taiwan.The third part specific analyses the current situation in legislation and judicial of the objection system of distribution scheme in civil execution in our country. We find that this system has many problems, for example the legislation content is too simple, specific operation is lack of standardization, or court’s check and manage are too casual and so on.The last part provides some suggestions for the improvement of the objection system of distribution scheme in civil execution in our country. We not only need to improve procedural objection system and substantial objection system, but also need to carry out some supporting measures to give this system some support.