民事执行异议制度比较研究

Comparative Studies on Civil Execution Objection System

2007年修订的《民事诉讼法》对我国民事执行进行了大的改革和完善,特别是对民事执行制度,第202条和第204条增加对当事人、利害关系人、案外人异议的规定,再结合最高人民法院关于对案外人异议处理的具体操作程序的规定,民事执行异议制度初步建立。但仍有许多问题亟待解决。从总体上说,我国民事执行的法律制度还很不完善,应借鉴域外立法经验,完善此项制度。

The Civil Procedure Law revised in 2007 has carried on the large reform and consummation to civil execution of our country, specially to civil execution system, the article 202nd and 204th increased stipulation about the objection of the litigant, the formidable sponsor, and the document bystander, combined with the counterproposal concrete operations procedure stipulations made by Supreme People＇ s Court about bystander objection, civil objection system has been in preliminary establishment. However, there are still many problems to need solved urgently. Generally speaking, civil execution＇ s legal regime of our country is quite imperfect, the legislation experience from outside the territory should be learned to consummate the system.