On The System Of Objection To Civil Execution In China And Its Perfection

Justice is the life blood of the rule of law.Making the people feel fairness and justice from every law case is the ultimate goal of our country.But justice is not just a fair judgment,the actual effect that people' rights can be well protected is more important.During the process of protection,the implementation of the enforcement authorityplays a crucial role.While in our daily life,there are so many problems of difficult enforcement which are caused by the defects in the objection system of civil enforcement,the poor qualification of operational staff,the responsibility avoidance of the person subject to enforcement,etc.Some people become to be suspicious of the effect of judicial decision in the result of these problems.Based on this circumstance,the objection to civil enforcement of our country emerges at the right moment.The procedural and substantial remedies during the execution process have been established in the current civil procedure law.Then,the supreme people's court made some relevant judicial interpretation with it.But there are still existing some defaults: the ambiguity in the authorities responsible for the determination and review in dissent to civil execution,the necessary of the pre-procedure when the person not involved in the case institutes legal proceedings,the propriety of starting the supervision procedure of civil trials by the person not involved in the case,the lack of the protection to benefit of debtors in procedure value frame,the absence of effective ways and approaches to supervise the act of enforcement agency and so on.This paper begins with analyzing the basic concepts and theories of the execution dissent system,considering the application circumstance of this system in our country and comparing the system of objection to civil enforcement of some countries and areas under the civil law system,then tries to put forward some corresponding improvement measures.