Study On Outsider Raises Objection To The Complaint

Outsider raises objection to the complaint, is China's "Civil Law" was amended in 2007 after the establishment of a system. Is the case in the implementation process, the outsider raises the subject of pro-independence on the implementation of substantive rights, demands the removal of people's public courts to enforce a particular subject matter of the proposed action. The revised "Code of Civil Procedure, " Article 204 for the first time in our civil legislation established on the implementation of relief in special proceedings, a civil implementation of major reform initiatives, the implementation of relief system will have a profound impact. However, the implementation of the current practice, it is what this outsider raises objection to the complaint how the operation, such as which people can ask the Third Party the right to challenge the appeal, the Third Party to appeal in the Third Party raised objections to the claim, and the Third Party Objection to the lawsuit and how the relationship between ordinary civil processing, etc., there is still controversy or ambiguity. All the things that we need a broader perspective in the study in order to resolve the dispute, a clear ambiguity, so that the system truly effective operational.In this article, the author of the meaning of the action of the Third Party objection, characteristics and properties were discussed, followed by some typical of civil law countries and regions, the third objection to the legislative status of the appeal system and judicial practices are introduced , then the implementation of the relief system of the present legislative and judicial shortcomings are analyzed, and finally to the implementation of the Third Party System in objection to the complaint suggested. Through these discussions, hope to promote the implementation of civil law, established with Chinese characteristics, the implementation of relief in line with our national conditions and benefit system.This article from the preface and, composed of body and conclusion. In which the body consists of four parts:The first part is the Third Party v. Civil Enforcement objection basic theory discussion. This section describes the Third Party dissent and opposition of the appeal of the content of the Third Party, the Third Party objection to the theory of the origin of complaints, the Third Party objection to the nature of the complaint, the Third Party Action of function and value of opposition to the civil from the whole of the Third Party V. opposition to execution system to grasp.The second part is the Third Party v. Civil Enforcement nature of the objection. This section mainly on the civil law of Germany, Japan and Taiwan of China on the third objection to the appeal system design. And samples of these systems were compared and analyzed.The third part describes the challenge of the Third Party legislative status of the complaint. Objection to this part of the complaint by discussing the Third Party program composition, the Third Party dissent and the Third Party dissent and the legal effect of the action of the appeal of the Third Party legislative debate opposition to the Third Party on China's objection to a thorough analysis of the system.The fourth section discusses the appeal of the outsider raises objection to the improvement. This part from the proper party, to determine the scope, define the jurisdiction of the court, the Third Party complaint filed objections to the limitation period and procedural safeguards, the referee and effect, to prevent malicious litigation, the Third Party objection to the action of other programs, and many other aspects of connectivity, demonstration China's objection to the appeal of the system to reform and improve the necessity and feasibility. To establish a sound, scientific and rational system of the Third Party dissent.