不予执行公证债权文书申请被驳回的救济

A Study on the Relief in the Execution of the Notarized Documents for Creditors’ Rights

我国的执行救济体系没有设立债务人异议之诉制度,因此债务人对执行过程中的实体性争议缺乏可选的救济方式。学界与实务针对此问题有提出以执行异议复议制度进行解决。然而执行异议复议制度针对的是程序性违法执行行为,倘若以此思路解决这一困境,难免陷入“程序性审查实体性结果”的困境。尽管最高法院出台了相关规定,若想更好维护债务人的救济权,未来立法有必要考虑增设债务人异议之诉制度。

The relief system of enforcement in our country does not support the lawsuit against the execution by debtor.So the debtor lacks the optional relief way to the substantive dispute in the execution process.In view of this problem,the academic and practical circles have attempted to dismiss such objection or application for a review to solve the problem.However,the system of dismiss an objection or application for a review is aimed at the procedural illegal execution behavior.It is inevitable to fall into the predicament of“substantive results of procedural review”.Although the Supreme People's Court has issued relevant provisions to clarify,therefore to better safeguard the debtor's right,it is necessary to consider the establishment of the lawsuit against the execution by debtor.