Research On The Perfection Of China’s Execution Objection System

The execution objection system is a system in which the objector refuses to accept all kinds of execution actions of the court or seeks relief to ensure the smooth realization of his own legitimate rights and interests.Based on different basic rights,it can be divided into action objection;Objection to the subject matter;Participate in distribution objection;Objection to matured claims;Five types of objection of the person subjected to execution are added and changed.Compared with other judicial relief systems such as the third party’s cancellation action,retrial system,execution supervision,etc.,it has both commonness and characteristics.It has the functions of protecting,restricting and balancing rights,and can not be replaced in the civil judicial relief system.At present,the implementation objection system in our country is based on articles 232 and 234 of the civil procedure law.It has formed an institutional framework with Chinese characteristics by standardizing the scope of objection filing,review procedures and relief channels through judicial interpretation.With the increasing use of this system by the parties,interested parties and outsiders,it is very important for the system to operate well.At present,there are still some problems in the legislation and judicature of China’s enforcement objection system.At the legislative level,there are some problems:first,the scope of objection is not clear;Second,the subject of review is not clear;Third,the review procedure is not detailed;Fourth,The pre examination procedure of the action of execution objection is unreasonable;Fifth,the linkage mechanism with trial supervision has not been established.The problems in the judicial level are as follows:first,the types of objection to execution are confused;Second,the court does not regulate the executor of the application for addition or change through the execution objection;Third,there are acts of falsehood and abuse of execution objection.By learning from the regulations and experience of foreign countries and Chinese Taiwan,combined with the practice of our country,this paper puts forward some suggestions for improvement.Define the scope of objection at the legislative level;Set up a special execution objection adjudication body within the execution department;Further refine the review procedure of execution objection to fully protect the parties’ right to know and the right of reply;Cancel the compulsory prepositional procedure of the action against execution objection,and give the objector the right to choose;Establish a benign connection mechanism between execution objection and trial supervision.At the judicial level,we should strengthen the guidance on the types of objections,clarify the types of objections from the source and correctly guide the objectors;Strengthen the standardization of adding and changing the executor of the application for execution objection,and fully incorporate the change and addition of the executor of the application into the scope of the review of execution objection;We will increase sanctions for false and abusive dissent.Through these suggestions,we hope to perfect our execution objection system from the two dimensions of legislation and judicature,standardize the court’s review of execution objection,connect other civil judicial relief systems,and realize the protection and balance of the rights of all parties in the execution procedure.