A Practical Examination and Institutional Improvement of the Defendant's Objection to Execution
The amendment of the Civil Procedure Law on Compulsory Enforcement(Draft)has introduced the Defendant's Objection to Execution,aiming at providing judicial procedural safe-guards for debtors to claim discrepancies between the requested rights stated in the enforcement basis and the substantive legal rights of the creditor.The Defendant's Objection to Execution shall be considered as an action for negative confirmation,the basic logic of which is based on statutory grounds for objection,denying the requested rights stated in the enforcement basis,thereby exclu-ding its enforceability.However,based on the existing institutional framework,the emerging De-fendant's Objection to Execution reveals deficiencies in terms of claims,grounds of objection,and timing for initiating litigation.The system requires further improvement to substantively resolve dis-putes and safeguard the right to initiate litigation.This includes procedures for adding claims for neg-ative confirmation of the rights stated in the enforcement basis,implementing the principle of res ju-dicata to scientifically define the scope of objection grounds and exclusionary rules,and focusing on enforceability by reasonably scheduling litigation initiation and jurisdiction.
Claimed RightsEnforceabilityNon-enforcementRight of action