我国民事执行异议制度的现状及立法执法完善途径

On the Status Quo of Civil Enforcement of the Objection System and Consummation of Legislation and Law Enforcement

执行异议制度是为保护执行案件的案外人不受强制执行,行为不当或违法侵害而设立的一项救济制度。我国现行执行异议制度存在三个欠缺,参考国外成功做法,应对这项制度进行完善包括立法,执法和利益申诉等方面的改革,以期对健全执法有所裨益。

The enforcement of the objection system is a relief system established to protect those not involved in the case but being enforced from being compulsorily enforced or impaired by misbehavior or illegal act.There are three deficiencies in the enforcement of the objection system.Based on the successful experiences of other countries,the paper suggests that the system be consummated and reformed in the respects of legislation,law enforcement and interest appeal so as to help improve law enforcement.