The Design Of The Outsider's Objection Suit During The Civil Enforcement Procedure In China

This thesis rationally analyses the design of the outsider's objection suit during the procedure of civil enforcement on the purpose of finding an efficient way to relieve the outsider whose rights are infringed during the enforcement. The thesis mentions that it is a great progress for our civil litigation after the Civil Procedural Law modified in 2007 stipulates the outsider's objection suit during the civil enforcement. The outsider's objection suit can efficiently protect the rights of the parties and the outsiders, restricts the enforcement power and helps to improve our relief system in civil enforcement procedure. Although we have stipulated the outsider's objection suit in the law, it also brings us a great challenge to make good use of it because of the absence of the specific ruling about how it runs. Thus, we have to make great efforts to study the specific procedure for this suit.This thesis is composed of the introduction, the text and the conclusion. The text contains four chapters.The first chapter is about the summary of the outsider's objection suit. On the basis of defining the meaning of outsider, interested party and the third party, this chapter studies the conception and the features of the outsider's objection suit and analyses the differences between this suit and other relevant concepts. Then this chapter studies the character of this suit and its actual litigation and theory situation in our country.The second chapter comparatively analyses the outsider's objection suit in other areas or other countries by studying that in Tai Wan, German, Japan and some other relevant systems in Switzerland.The third chapter analyses the necessity to design the outsider's objection suit in China. The writer reasons this from four aspects. First, this suit can fill the gap that outsider's objection cannot cover. Second, this suit can divide the relief system into the relief system for procedural rights and the relief system for substantial rights. Third, this suit can restrict the enforcement power and ensure the judicial impartiality. Fourth, this suit can definitely protect the legal rights of the outsiders and the parties.The fourth chapter brings out the specific idea about the designing of the outsider's objection suit in China. This chapter designs the outsider's suit by defining its parties, its reason, its ruling organization and its procedure.