The Action Of Objections To Distribution Of Proceeds Of Execution

China’s civil enforcement allocation scheme is based on the opposition to the implementation of the program established in the form of judicial interpretation of the substantive rights remedies. Execution relief system, whose timely and effective maintenance function of the legitimate interests of the parties involved in allocation procedures is irreplaceable, is an important part of executing remedy system. This article, based on the comparison of relevant legislation experience from some countries and regions, elaborated on the “study of objection to civil enforcement of distribution plan", to reflect on the current existing system and to propose on the improvement of the complaint in China. This paper, in addition to the introduction, consists of three parts:The first part explained the basic theory of this complaint. This section, using participation in the distribution plan as a starting point, explored the connotation of objection complaint, and established the article’s research framework. Then, a comparison with opposition complaints from a third party, objection complaints from debtors and other general remedies, analyzed the connotation of this complaint and its system function. In the study of the nature of this lawsuit, this article based its theory on the formation of litigation, focused on object of litigation, the formation of the judgment and the nature of res judicata to provide theoretical foundation for the follow-up analysis.The second part is a summary of current systems in China, and other countries or regions. In this part, from the evolution history of the participating distribution system, the biggest flaw of the system was deducted, i.e., the lack of relief program. In 2009, the judicial interpretation in the form of opposition to the distribution program was established as a remedy to this defect. The positive role of the interpretation shall not be underestimated, but its defect is also obvious, such as, the lack of effectiveness of the judicial interpretation, the simple rules of its procedure, the lack of a wide range of applicability, and so on. All these make the system fail to play an ideal role in remedy in judicial practices. Therefore, by combing through the implementation of the legislative situations on objections to the civil execution of distribution plan from Germany, Japan and Taiwan Province, this article looked for common grounds and differences in order to provide experiences to improve China’s relevant system.The third part is on the improvement of the relevant system in China. On the basis of aforementioned parts, this part offered reflections on the current situation in depth. This article used mature legislative experiences from other countries and regions, combined with China’s judicial practices, and conducted in-depth discussions about the system and how to improve it from abstract concepts to specific rules.