The Theory About The Execution Of The Third Party Maturity Debt Objection System

Along with the continuous development of society and constantly improve the velocity of circulation economy, economic life emerged a large number of "zombie", some outside third party enjoy due debt, the debtor counterproposal has delayed in exercising, even with a third party, or hidden debt, or malicious disposal of creditor's rights, lead to claims of creditors have been identified, the completion of a creditor's right is maintain social stability and promote economic development of one of the important conditions. So, to fast and efficient implementation execution of creditors as the debtor creditor's rights system timely, due the system since established in 1992, in solving the problem of "difficult to execute" and "zombie" exert a powerful effect on.Maturity of creditor's rights against the debtor to perform objectively not only reduce the pressure on the execution of court, to protect the legitimate rights and interests of the creditors, but also save the judicial resources, maintaining the authority of law. However, while see implement the system of creditor's right due to the above advantages, its defects also not allow to ignore. In order to remedy to a third party before its maturity in the implementation of the creditor's rights and interests, the judicial explanation gives the third party is absolutely right to dissent, however, in the judicial practice, the third party abuse of right to dissent, has seriously hindered the realization of creditors. This thesis uses methods of qualitative analysis, comparison and theory with practice, to demonstrate in the creditor's rights and perform the third party dissidence system of related problems, to benefit clarify the system argument and further improve the system.This thesis text is about thirty thousand words,can be divided into four parts as follows:The first part introduces the basic theory of the execution of the third party debt maturity Objection System. The nature of the system are analyzed first, and then combed the legal basis of the system. This is improve the system of the first two questions need to figure out. Then reveal the value of the debt to maturity in the third person executed objection made.The second part is the execution of the third party debt maturity Objection System from the perspective of comparative law. Focus on English, French, German, Japanese, Korean and Taiwan of China related legislation, and to compare the action of these countries and regions. To learn successful legislative experience from the rule of law countries and regions, draw lessons from the mature system design, in order to promote the perfection of legislation in our country.The third part is the execution of the third party debt maturity Objection System in the context of our country. Firstly, this part introduces this system in history. And then analyzes its basic status quo. Finally, summarizes the main problems of the system in Chinese mainland.The fourth part, my point of view about how to improve the execution of the third party debt maturity Objection System. Finally, for the problem of this system put forward the corresponding improvement proposals by third party objection substantive examination and supplemented by a third party on opposition to balance the interests between the third party, the debtor and creditor, in order to make the system play its proper role.Epilogue part on the basis of summarizing the full text, and points out that due to the improvement of the system must consider various factors, and should not be applied mechanically overseas successful experience.