The lawsuit of executing the distribution plan refers to the lawsuit filed by the creditor or the person subjected to execution who objects to the distribution plan made by the court because other creditors or the person subjected to execution object to the objection. The author inquired about all the litigation cases of Xiamen Intermediate People's Court and Fujian Higher People's Court, totaling 42 cases, and tried to sum up the adjudication rules for some issues involved in the litigation.
"Civil Procedure Law" stipulates the action of objection to the implementation of distribution plan under the action of objection to implementation, but it is very different from the action of objection to implementation. Litigation on the implementation of the distribution plan focuses on the handling of substantive objections to the implementation of the distribution plan, including the distribution order, distribution amount and distribution conditions. It does not deal with disputes on the basis of execution, nor does it deal with procedural objections in the process of execution. Therefore, from the positioning of the program, we can see that the lawsuit of distribution scheme execution plays an intermediate role between "entity" and "program" in execution, and handles entity disputes within the scope of execution basis. Therefore, when entering the lawsuit against the execution of the distribution plan, the author thinks that the execution basis should be evaluated first, and then the local judicial practice should be combined to accurately grasp the litigation process.