Objection In The Third Person In The Execution Of Civil And Commercial Matters Comparative Study

The purpose of the dissertation is to describe and study the problems raised whenany third party of a lawsuit lodges disputes against the compulsory enforcementprocedure or activities.By means of reflection and review on the current situationin China concerning the remedies provided to a third party when his/her proceduraland substantial rights have been breached by the enforcement of any judgment madeby courts,the dissertation iS seeking a solution for the problems hereinabove. The dissertation starts from the description of the problems;and then analyzesthe validity,inevitability,relevant features and concepts with regard to the thirdparty'S participation into enforcement procedures;by comparing researches on bothdomestic laws and legislation in other countries and regions,demonstrates theshortcomings and deficiencies in current legal system in China,describes the namreof third party disputes lodged in civil judgment enforcement from the twoperspectives of both the nature of enforcement power and the remedy function ofenforcement procedure,elaborates the necessity and feasibility of remedy providedto the third party vertically and horizontally,in this way establishes a frameworkfor the third party remedy system in enforcement procedure. Within the primary purposes,the dissertation sets a focus on the differentfeatures of third party disputes in enforcement procedure and hereby explores theideas for solution from what has been discussed above,which,with a preliminaryconsideration on the obj ectives,value,and functions of the enforcement procedure.and with a balance seeking between the protection of the rights of creditors.debtorsand third parties and the guarantee of the efficient and fair implementation.classiftesthird party disputes into disputes against implementation and disputes againstjudgrnent and conducts investigation and trial respectively by different organsaccording to different procedures. As the last part.the dissertation makes researches and analyses on some casesdealt by the Supreme People'S Court,describes the criteria that measure the thirdparty dispute cases in practice,further elaborates the remedy provided to the thirdparties in implementation procedure,strengthens the idea of substantial review ofthe third party disputes within current implementation system before the legislationdrafted in relevant field,in this way fully safeguarding third parties'rights.