Research On The Opposition System Of Persons Other Than Involved In The Case In The Civil Execution In Our Courntry

The opposition system of persons other than involved in the case in the civil execution is an important part of the civil execution relief system. To establish a scientific, impartial, effective opposition system of persons other than involved in the case is an important topic in the theoretical and practical research on civil execution relief. The rights and interests of persons other than involved in the case damaged in the civil execution have been a hot and difficult problem in the recent years, which has generated decision makers'concerns and coursed a great deal of attention in the society. Therefore, the civil procedure law revised in 2007 made the opposition system of persons other than involved in the case more substantial and detailed, which is of great positive significance. However, because there are some legislative defect bought by the hurry amendment and the complexity of judicial practice, the opposition system of persons other than involved in the case in our country still has many disadvantages. We should consummate it further. On the basic of the protection of legal rights of persons other than involved in the case in the civil execution, this paper research the the opposition system of persons other than involved in the case by the ways of comparative law, analytical law and positive jurisprudence.This paper is about 30000 words, composing of foreword, main text and concluding remarks.The foreword briefly illuminates the purpose and scope of this paper, research status in the relative fields and the theoretical and practical significance.The first part of the paper summarizes the opposition system of persons other than involved in the case. This part first defines persons other than involved in the case by the way of analytical legal semantics and indicates that the opposition of persons other than involved in the case includes procedural opposition and substantive opposition,which is a logical starting point of the paper. Then it analyses the fact foundation and theoretical basis of he opposition system of persons other than involved in the case. The fact foundation is the limitation of defects in execution and the review on basis of enforcement. The theoretical basis is the need of right relief and power restriction.The second part of the paper investigates extraterritorial opposition system of persons other than involved in the case. This part mainly introduces opposition system of persons other than involved in the case in Germany, Japan and China's Taiwan region, which are in continental law system. And it analyses and compares them to find out their common ground and the difference so as to provide some enlightenment for our country.The third part of the paper analyses opposition system of persons other than involved in the case in our country. This part first analyses its current legislation, and then make empirical survey by analyzing csaes. Furthermore it points out this system's defects. The defects of procedural opposition system mainly are the deficiencies of procedural instruction. The defects of substantive opposition system mostly are the imperfections of presuit demand rule, the lack of the rights of application for retrial of persons other than involved in the case and the defects in the procedure of litigation of the opposition of persons other than involved in the case.The fourth part is about the perfection of the opposition system of persons other than involved in the case. On the basic of the above-mentioned deficiencies ,this part respectively consummate both procedural opposition system and substantive opposition system. As for procedural opposition system, it is mainly to consummate its procedural instruction. As for substantive opposition system, it is mainly to perfect its presuit demand rule, application for retrial of persons other than involved in the case and litigation of the opposition of persons other than involved in the case.