执行异议之诉的体系解读

An Interpretation of the System of Lawsuit for Execution Objection

我国执行异议之诉的体系存在一定缺失,债务人执行异议之诉以及许可执行异议之诉的缺失导致救济失衡。案外人执行异议之诉前置程序的不合理设置致使我国出现了申请执行人异议之诉这一不合体系的制度。执行异议之诉的应然体系应包括案外人执行异议之诉、许可执行异议之诉、债务人执行异议之诉。因此我国的执行异议之诉体系应参照应然体系予以完善。具体体现为建立许可执行异议之诉以及债务人执行异议之诉,取消案外人执行异议之诉的前置程序。

The system of lawsuit for enforcement objection is incomplete in our country.The debtor's lawsuits for execution objection and the absence of permission to the lawsuits for execution objection result in relief imbalance.The unreasonable setting of the pre-procedure of outsiders'execution of the objection lawsuits makes the deformity system of application for the executor dissent.The"ought to be"system of objection execution should include outsiders'execution of the objection lawsuits,the permission to the execution objection lawsuits as well as the debtor's lawsuits for execution objection.Therefore,China's litigation system of execution objection should be improved according to the"ought to be"system.To be specific,it should establish the permission to execute the objection lawsuits and debtors'execution of objection lawsuits while cancel of the preproceedings for outsiders'execution of the objection lawsuits.