Empirical Research On The Lawsuit Of Objection To Enforcement

The lawsuit system of objection to enforcement is stipulated by Article 227 of Civil Procedure Law of the P.R.C. This system was initially established on 1st Apr.,2008 by Article 204 of the first amendment of Civil Procedure Law, and it has run for 7 years so far. I, as a clerk in the court, collected from the Court database and did a research on the cases during 2013 to 2015 sued in Jiangsu Province raising objection to enforcement. I found some existed problems in the process of the judge trials. The judges still have vague knowledge trying this kind of cases, so that they make judgments by different standards. The root cause of these problems is that there are still plenty of uncertainties in the legislation of both the procedure and the substantial about this system. Therefore there exist different understandings among and between the judges and the parties, and it has badly prevented the system from working. The Supreme People’s Court’s Judicial Interpretation and application of Civil Procedure Law was issued and implemented on 4th, Feb,2015. Notwithstanding this system is further refined, it has not been perfected. In this thesis I summed up the application difficulties both theoretically and practically along with typical case studies, that is for seeking a better way for this system to work on guaranteeing the right of litigation and promoting judicial justice. This thesis intended to show the unifying thread of trying and that is for helping the judges overcoming cognitive obstacles and giving more convictive judgments. This thesis intended to organize the unifying thread of trying and to seek a better way for this system to work on guaranteeing the right of litigation and promoting judicial justice by analyzing the crux of the problems combined with vivid cases, and by combining the law theory with personal understanding to illustrate and solve the practical problems.