Study On The System Of Outer Party Dissidence

As the last procedure of protecting and realizing private rights and the last defense line of judicial fair,civil enforcement is vital significant.However,the fact that execution is quite difficult in practice not only makes the enforcement authority feel hard,but also disturb the parties and other persons concerned.It has direct relationship with our country existing execution remedy system.This article is based on the corner of execution remedy system——outer party dissidence,using methods of comparative jurisprudence,trying to do some detailed research to establish the right channels for remedy for the debtor and a third party,in order to effectively protect the legitimate rights and interests of the interested parties, enhancing efficiency of enforcement.The article is made up of four parts.The first part is the overview of outer party dissidence.Firstly,the article clears the concept of outer party dissidence,points out the scope of outer party.Outer party dissidence is caused by the fact that the lawful execution encroaches outer party's interests and the difference between the outer party dissidence and the dissent action of debtor.Secondly after discussing kinds of the theories about the nature of the outer party dissidence,the article points that the nature of the outer party dissidence is really a legal action of confirmation.At last,the article discusses the characteristics of the dissidence and points it is a relief entities closely connected to the execution procedure.The second part is mainly about the regulations on outer party dissidence of the important countries.Although there are some difference on the execution institution and measure of each country because of the difference on the cultural traditions and other conditions,the system design of the dissidence on both the cause of the action and the juries procedures fully take into account the referee's impartiality and the protection of outer party' rights.At last,the article points out we should improve our outer party dissidencen system on the base of absorbing the essence of the other counties' provisions.The third part analyzes the current situations of the outer party dissidence.Firstly it pointed the system's advantages of outer party dissidence.Then it analyzes the disadvantage of the system of our country.Dislocation of pre-procedure,embarrassing,trial supervision procedures,lack of institutions of the provisions of the referee,make the function of the dissidence action as our country's implementation of entity relief not effective. First of all,the fourth part puts forward the idea of outer party dissidence of our country. Firstly remove the pre-procedure,establish an independent appeal so that the debtor's objection does not depend on outer party's filed objection.Secondly separate the system of outer party dissidence as the entity relief and the trial supervision procedure.Thirdly clear that the enforcement court hears the outer party dissidence.Fourthly it raises should concept the reason of the outer party dissidence as at the end of the implementation of procedures for the implementation of the subject matter of challenge.At last the article discusses the coordination among the system of the Outer party dissidence,the system of execution dissent and the system of outer party application of retrial.