Study On The Dissent Action Of The Third Party

It is great progress for our civil litigation that the modified Civil Procedural Law in 2007 provides the dissent action of the third party. However, the system of dissent action of the third party has problems at many aspects, for example, the structure of the system, specific procedure about how it runs and so on. And this has greatly influenced the enforcement of the third party action. So, it is necessary to solve these problems or disputes and consummate our system of dissent action of the third party. This thesis starts with the concept, nature and characteristics the third party's dissent action, then analyzes the legislative status and judicial practice of the third party's dissent action comprehensively, points out the main problems of this action, and at last makes suggestions to perfect the system of the third party's dissent action.This thesis includes preface, main body and conclusion. The main body consists of four chapters below:Chapter 1 The summary of the third party's dissent action. Firstly, In this chapter, the author studies the concept and features of third party's dissent action. Secondly, the author compares the third party's dissent action with the debtor's dissent action, the third party's executive dissent and the confirmation suit brought by the third party, which deepens the understanding of the third party's dissent action. Thirdly, the author analyzes six theories about the nature of third party's dissent action, and then believes that the nature of third party's dissent action is formation suit.Chapter 2 The legislative investigation of the third party's dissent action in our country. Firstly, the author analyzes the legislative status of the third party's dissent action. Secondly, the author discusses the problems about the third party's dissent action, such as the procedural prerequisite of third party's dissent is unreasonable, mixed in with the trial supervision procedure, the trial organization is absent and so on.Chapter 3 The empirical study of the third party's dissent action in our country. In this chapter the author selects two typical cases, analyzes the operational status of the third party's dissent action and points out some problems of the third party's dissent action in practice, such as lack of an independent cause of action, proper party issue, improper duration and claims, the third party's executive dissent affects the efficiency of the implementation and so on.Chapter 4 The perfect speculations of the third party's dissent action in our country. Firstly, we should obsolete the procedural prerequisite of third party's dissent, and separate the third party's dissent action from the trial supervision procedure; Secondly, we should further clarify the parties, trial organization, duration, cause, effects of the third party's dissent action; Thirdly, we should perfect the proceedings and verdicts of the third party's dissent action. Besides, our law should stipulate some measures to punish those who bring the third party's dissent action for malicious intention.