债务人异议之诉的探究
发布时间：2019-03-16 21:37
【摘要】：债务人异议之诉是民事执行救济的重要组成部分。债务人异议之诉主要是通过对执行根据所彰显的实体法律关系发生变化时,以诉讼的方式提出抗辩,以维护自己的合法权益。纵观大陆法系,大多数国家都确立了债务人异议之诉。虽然我国也对债务人异议之诉制度进行了热烈的讨论,但始终没有在立法上体现。我国对民事诉讼法中执行救济方面的修改表现为:当事人和案外人可以对程序问题提出异议,而在实体救济上,却只规定了案外人异议之诉。所以,笔者经过对国外以及台湾地区的债务人异议之诉进行阐述,希望能对我国建立债务人异议之诉提供些许建议。本文主要分为四个部分:第一部分是对债务人异议之诉的一个概述。包括对“债务人异议之诉”的定义,包括对概念、性质、立法现状的论述。第二部分主要是对域外债务人异议之诉制度的介绍,包括我国台湾地区、德国、日本相关制度的设计程式,以及它们之间的异同点进行分析。第三部分主要是从我国的国情出发,分析债务人异议之诉的可行性和必要性。第四部分是借鉴外国以及台湾地区的立法经验,并立足于我国的实际情况,科学合理地提出立法建议。
[Abstract]:The objection action of debtor is an important part of civil execution remedy. The debtor's objection is mainly to defend his legal rights and interests by defending his own legal rights and interests when the execution is changed according to the substantive legal relationship revealed by the debtor in the form of an action in order to defend his own legal rights and interests. Throughout the continental law system, most countries have established the debtor's objection. Although our country also has carried on the heated discussion to the debtor objection lawsuit system, but has not reflected in the legislation all the time. The modification of the remedy in the civil procedure law in our country shows that the parties and outsiders can object to the procedural problem, but the substantive relief only prescribes the objection action of the outsider in the case. Therefore, the author of the foreign and Taiwan debtors objection claims, I hope to establish a debtor objection in our country to provide some suggestions. This paper is divided into four parts: the first part is an overview of the debtor's objection. Including the definition of the debtor's objection, including the concept, nature, legislative status. The second part is mainly about the introduction of the appeal system of the foreign debtors, including the design procedures of the relevant systems in Taiwan, Germany and Japan, as well as the differences and similarities among them. The third part mainly analyzes the feasibility and necessity of the debtor's objection from the national conditions of our country. The fourth part is to draw lessons from the legislative experience of foreign countries and Taiwan, and based on the actual situation of our country, put forward the legislative proposals scientifically and reasonably.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D925.1
本文编号：2441983
[Abstract]:The objection action of debtor is an important part of civil execution remedy. The debtor's objection is mainly to defend his legal rights and interests by defending his own legal rights and interests when the execution is changed according to the substantive legal relationship revealed by the debtor in the form of an action in order to defend his own legal rights and interests. Throughout the continental law system, most countries have established the debtor's objection. Although our country also has carried on the heated discussion to the debtor objection lawsuit system, but has not reflected in the legislation all the time. The modification of the remedy in the civil procedure law in our country shows that the parties and outsiders can object to the procedural problem, but the substantive relief only prescribes the objection action of the outsider in the case. Therefore, the author of the foreign and Taiwan debtors objection claims, I hope to establish a debtor objection in our country to provide some suggestions. This paper is divided into four parts: the first part is an overview of the debtor's objection. Including the definition of the debtor's objection, including the concept, nature, legislative status. The second part is mainly about the introduction of the appeal system of the foreign debtors, including the design procedures of the relevant systems in Taiwan, Germany and Japan, as well as the differences and similarities among them. The third part mainly analyzes the feasibility and necessity of the debtor's objection from the national conditions of our country. The fourth part is to draw lessons from the legislative experience of foreign countries and Taiwan, and based on the actual situation of our country, put forward the legislative proposals scientifically and reasonably.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D925.1
【参考文献】
相关期刊论文 前2条
1 杨春华;;论民事执行案外人的救济途径[J];当代法学;2008年03期
2 江伟;常廷彬;;论已确认事实的预决力[J];中国法学;2008年03期
，本文编号：2441983
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