摘要
执行依据会因发生特定事由导致与实际权利状况不一致,继续执行会损害债务人的利益.现有的执行异议、再审之诉、另行起诉等救济手段均不足以全面救济债务人利益.实体争议应通过诉讼的方式解决,完整的执行救济体系也需要构建债务人异议之诉.我国债务人异议之诉制度的构建需要重点设计管辖法院、事由、主体、提起时间、前置程序、法律效力等方面,以实现对债务人利益的全面保障救济.
Abstract
On the Construction of the Debtor's Objection Lawsuit in China When a specific cause occurs,it will lead to the inconsis-tency between the execution basis and the actual right status,and the continued execution will harm the interests of the debtor.The ex-isting remedies,such as execution objection,retrial action and separate prosecution,are not enough to comprehensively relieve the debtor's interests.Substantive disputes should be resolved through litigation,and a complete execution relief system also needs to build a debtor's objection lawsuit.The construction of the debtor's objection litigation system in China needs to focus on the jurisdiction court,the reasons that can bring a lawsuit,the parties to the lawsuit,the time to bring a lawsuit,the pre-procedure of the lawsuit,the legal effect of the lawsuit,etc.,in order to realize the comprehensive protection and relief of the debtor's interests.
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