The Design Of The Outer Party Dissidence In China

In 2007, one of the main modified contents is civil enforcement system of the civil procedure law. It confirmed the outer party dissidence on the article 204 for the first time. There are some differences of relevant procedure comparing with Germany,Japan and China Taiwan region. This thesis discusses theoretical foundation of outer party dissidence and value judgment, comes up with the specific advices about the program construction. Full text structure as follows:The first part explains the theoretical foundation of outer party dissidence. Firstly, the article shows the concept of outer party dissidence clearly. Secondly, this chapter reviews the legislative process in our country. Thirdly, it discusses the four features that are the only litigants, the target of execution, the passive and legitimate. Lastly, it distinguishes among the execution objection, the outer party dissidence and the debtor objection lawsuit.The second part investigates the legal system in some continental countries and regions about the outer party dissidence though the comparison vision. Although there are some difference on the procedure settings and scope because of the difference on the national conditions and judicial traditions, Germany, Japan and China's Taiwan region have more in common than differences. At last, our country should absorb other countries'legislative experience to improve our own system which accords with our national conditions.The third part makes the value analysis of outer party dissidence. Firstly, there are many theories about the properties such as the confirmed lawsuit, the payment lawsuit, the remedy lawsuit. I suppose the opinion that the outer party dissidence is the lawsuit which has the function of relief, confirming the existence of legal relationship and excluding the force execution. Secondly, it expounds the value significance of the outer party dissidence that can separate the implement from the judgment and expand the scope of the civil execution relief system. Thirdly, the outer party dissidence should have the judicial and efficient values.The fourth part comments the lawsuit of the outer party dissidence of our country. First of all, it points out the development of the new civil procedure law about he outer party dissidence, especially clearly giving right of action to the case outsiders and making the competent court and trial procedure more detailed. Secondly, it indicates the shortages such as the dislocation of pre-procedure, applicable reason and confusion between the system of the outer party dissidence and procedure for trial supervision.The fifth part comes up with the idea that how to improve the outer party dissidence in our country. Firstly, it points out the basic principle of this suit. Secondly, this chapter designs the constituent elements of the outer party dissidence suit by defining its parties, the scope of outer party, its suit reasons, the time of mention. Thirdly, it analyses the procedure construction about the court of jurisdiction, judge organization, trial procedure, trial results and judgment vigor. Lastly, the article discusses the coordination between the system of the outer party dissidence and procedure for trial supervision. The two systems should be a coordinating relationship and doesn't repelled each other. So we should specify the difference and boundary for the trial supervision procedure and the outer party dissidence procedure, safeguard the lawful rights of case outsiders.