On The Construction Of The Debtor's Objection Lawsuit In China

The debtor's dissenting action is an important part of the system of rights relief in the enforcement procedure.The value of the debtor's dissenting action with respect to the debtor's substantive right relief plays an important role in the theoretical research area and practice.In recent years,China's civil procedural law school has conducted a wide range of in-depth study and learning on how to provide appropriate protection to the debtor's substantive rights and interests in the process of enforcement,and made a number of suggestion to build up the better structure of the debtor 's dissenting action.PRC's Supreme People's Court,by stipulating the provisions such as "the Supreme People's Court on the Implementation of Civil Enforcement Changes,Adding Parties to the Provisions of a Number of Issues",to a certain extent,has achieved the protection of the debtor's rights.However,comparing with the current procedures of reliefs,such as the implementation of objection applications,outsiders objection lawsuit,the debtor separately sue,it is difficult to achieve substantial protection to the prosecution when the debtor entity rights are infringed in the above-mentioned cases.Although the debtor's separate sue protects the substantive rights,it is contrary to the spirit of theory of litigation economy.So far,debtor objections has not yet been established in the system of PRC's civil procedure law.This dissertation conducts the research and analyze with respect to legal basis of the debtor objection lawsuit,which through analyzing what is the debtor objection lawsuit and what kind of function value they have,and through further analyzing the shortcomings and the existing problems of the existing relief way in PRC,and then reflects the necessity of establish the debtor objection lawsuit in our country,our country academic circles in recent years,and further analyzing the practice in the execution procedure legal system building on the achievements of the accumulation of experience,after all those esearch and analyze,this dissertation draws the conclusion that the feasibility of establish the debtor objection lawsuit.After the comparison and analysis of the legal framework of the legal system which has existed outside the PRC,this dissertation tries to provide the model which can be used for reference.Finally,based on proposed design to the parties,Sue,Sue time,under the jurisdiction of the court,trial procedure,legal consequences,this dissertation tries to form such system in our country in order to promote our country to establish the debtor objection lawsuit as soon as possible,and a better safeguard the rights and interests of the debtor.