Construction Of Lawsuit Of Debtor Disagreement From The Perspective Of Separation Of Adjudication

To carry out the reform of decentralization of civil jurisdiction and enforcement power,The key is to clarify the boundaries of the two power,straighten out the procedural and substantive relief matters involved in the implementation phase,to prevent the dislocation and transgression of the two powers.From this perspective,we examine the practice of relief in execution in China,it can be seen that at present,the protection of the debtor’s physical rights and interests tends to be disposed through the objection of execution,essentially depriving the parties of their right of action.Based on the requirement of "separation of judicial power and executive power",the debtor shall directly confront the entity dispute and seek targeted relief by means of litigation.undoubtedly,it is the realistic need to comply with the reform of executive decentralization and improve the relief system in our country.The first chapter deeply analyzes the reform path and specific requirements of separation of examination and execution.It is clear that the reform aims at stripping out the right of review and enforcement in the execution procedure according to different right attributes.From this perspective,we examine the status quo of the debtor’s entity rights relief,pointing out the lack of targeted relief system in China,the existing remedy path is against the principle of separation of adjudication.This leads to the following reflections on the construction of the debtor’s objection.The second chapter mainly introduces the theoretical basis of debtor’s objection lawsuit.From concept,comparison with other similar systems,constituent elements,types and qualitative problems,the theoretical core of debtor’s objection lawsuit is deconstructed in detail.The third chapter makes a comparative analysis of the systems outside the region,shows that the debtor’s objection lawsuit has an independent status,it is an important part of the rights protection system in the legal system ofcompulsory execution,and worthy of our country to give a reasonable reference.The fourth chapter is based on the implementation system reform of separation of examination and approval.By comparing the deficiency of the existing remedy ways,this paper demonstrates the feasibility and necessity of the debtor’s objection lawsuit.The last chapter is the focus of this paper.Based on the value orientation of separation of examination and approval,this paper focuses on demonstrating the value orientation adapted to China’s national conditions.,the construction scheme of the debtor’s objection suit,including the subject of action,time,cause and trial procedure..