The Study On The Third Party Opposition In The Civil Execution

The article studies on the third party's opposition to the Execution procedure and Execution act, mainly researching and reflecting how to provide the relief when the trespass has been made on the third party, and tries to building a way to solve the problem. Firstly, the author defines the conception of the third party and the third party's opposition, demonstrating the necessities of this system's establishment and its theory foundation as well. And then, the article studies the Case law of Germany, Japan, and Taiwan of china comparatively, basing on this, the concrete regulations and deficiencies concerning the third party'opposition system that before and after the civil procedure law was revised are clearly discussed. The article emphasizes two different third party oppositions: the procedural relief and substantive relief and constructs two different solving ways: execution opposition and sue of opposition which processing with different subject by relevant procedure under the instruction of justice, efficiency and power equalization. Meanwhile, the author holds that as the necessary system in the civil execution procedure, the execution remedy should be constructed under the background of Execution legal system reform and developing with each other harmoniously...