Research On The Lawsuit Of Debtor Objection

In China,because of the unsound society Integrity system,the lack of legislation and the inefficiency administration of justice,debtor performance rate and implementation basis success rate is low compared to other major countries.Perfecting the social credit system to raise the debtor’s default cost,establishing the debtor’s dissent litigation system to balance the rights and obligations of the creditor and the debtor,and making the enforcement law code is the urgent task to improve the efficiency of execution,and is also the inevitable requirement to protect the debtor’s interests and avoid the escalation of the conflict.According to the mature legislative experience abroad,both written and unwritten law countries have established an effective system of debtor dissent litigation in their legal system.The author wants to proceed from the realistic demand of our country,draw lessons from the mature legislative theory and successful legislative experience of the two legal system countries reasonably,try to construct the debtor dissent lawsuit system with Chinese characteristics and accord with the national conditions of China,and do my part for the progress and perfection of the rule of law in China.This paper uses comparative analysis method,value analysis method,economic law analysis method,theory and practice combined analysis method to study the debtor’s dissent litigation system.At,first,this paper discusses the research status of debtor’s dissent lawsuit at home and abroad,and analyzes the basic theory of debtor’s dissent lawsuit.No matter at home and abroad,the theory research of debtor’s dissent lawsuit is maturing day by day.The author further discusses the legal and economic causes of debtor’s dissent lawsuit on the basis of predecessors,and provides a solid foundation for the establishment of debtor’s dissent lawsuit in China.Nature of the proceedings and difference between it and other part-similar legal institutions,the author also made his own analysis,and draw his own point of view.This paper further analyzes the debtor’s dissent litigation system in two legal system countries and regions.Although there are great differences between the written law system countries and the unwritten law system countries in the legal concept and legal system,they all establish the debtor’s dissent litigation system which accords with their legal system characteristics.Then the article gives full consideration to ourcountry’s national conditions and judicial practice and combines with foreign legislative experience,summarizes the basic principles of our country’s debtor dissent litigation system,and expounds its legal connotation in detail,which provides the author’s theoretical basis for the establishment of the system.At the end of the article,for the establishment of China’s debtor dissent litigation system,the article analyzes it from the system of litigation subjects,the way of litigation,the jurisdiction of litigation and the adjudication of litigation and other specific aspects and it is a detailed discussion of the debtor dissent litigation system.There are some multiple views and the point of view is displayed,trying to increase the inclusiveness of this article.In order to better protect the property rights of citizens,this paper also tries to explore the basic principles and special system of the debtor’s dissent action on the special execution basis,which can not only balance the rights and obligations relationship between creditors and debtors,but also can ensure that citizens’ property rights are not infringed by the public power of the state.Theoretical research can promote the progress of the rule of law in our country,and it is hoped that the draft Enforcement Law,which was drafted and completed in 2011,can be considered and implemented as soon as possible and become a powerful weapon to guarantee the rights of citizens in the enforcement process.