试论执行异议之诉的程序构造

The Process Structure of the Law Suit with Carrying-out Dissidence

当前,执行救济中一个突出的问题是执行异议之诉制度的缺失。倡导一项制度的建立,并能得以稳健推进和实施,必须要有系统的理论体系作为支撑。该文择执行异议之诉体系中的支柱性问题加以分析,以期对建立该制度和夯实其理论基础有所裨益。

Currently, one problem that stands out in the carrying out process is the lack of references for the lawsuit with carrying out dissidence. To set up a reference to promote the carrying out, we need a theory to base on. This paper analyzed the rationale of lawsuit with carrying out dissidence, hoping to throw some light on system construction with respect to law.