On Improving The System Of Providing Remedy For Persons Other Than Involved In The Case In Civil Execution

Remedy is available as long as there is a right. The remedy for persons other than involved in the case in civil execution refers to a kind of remedy provided when the lawful rights of persons other than involved in the case are infringed upon by the execution of the executive agency. In Article 204 of the Civil Procedural Law of the People's Republic of China, two systems of remedy, including the opposition of persons other than involved in the case and the action for the opposition of persons other than involved in the case, are stipulated. However, the stipulation concerning the system of providing remedy for persons other than involved in the case has some problems in application. It is very rough, simple and impractical. To be concrete, the stipulation concerning the concrete practices for providing remedy for persons other than involved in the case is too ambiguous; the agency for examining the opposition is not specific and lack of standards; the scope of the system for providing remedy for persons other than involved in the case is unclear; and the pre-procedures have deficiencies, etc. Owing to these factors, it is urgent to reconstruct the system in China. The thesis begins with the concept of the system of providing remedy for persons other than involved in the case in civil execution, makes a comparative study on the legislation of the system in Germany, Japan and Taiwan, and puts forward some suggestions on improving the system in China. The improvement of the system of providing remedy for persons other than involved in the case in civil execution is of great significance to guaranteeing the lawful rights and interests of persons other than involved in the case and the party of execution as well.