A Third Party The Right To Protect The Civilian Implementation Of The Program

The correlative problems that how to protect the legitimate interest of the third-party in the procedure of civil enforcement always dissociate the fields of the scholars. The interests of third-party is also stipulated incompletely in our legislation of execution and considered hardly by enforcement authority in common practice. With the development of the safeguard notion of the civil enforcement procedure, the rights of the third-party are regarded gradually. However, how to define the third-party, what are their status and their rights in the procedure of execution. If their rights are violated by the courts during the enforcement of the judgment, what is the way to remedy that they are able to appeal to. All of these, how to be combined with our current enforcement reform. This essay will discuss above problems.This essay consists of straight matter (four parts), about 40,000 words, and a preface which tells about the reasons and signification of studying the third-party and the purpose of the article.The first part is the general introduction of the third-party in civil enforcement. In this chapter the author explains the concept through comparing with the third-party in suit.The second part focuses on introduction and comment on the regulation of other countries' correlative institutions, such as Germany, Switzerland, Japan and our Taiwan district. Having studied the correlative rules, drawn lessons from the experiences of other countries and region, the author tries to put forward some enlightenment as to how to perform and improve the safeguard of the third-party interests.The third part, main topic is about introduction to the regulation of our countries' correlative institutions revolving the safeguard of the third-party interests. The writer gives some comment on the our current system about the safeguard of the third-party referring to overseas successful experience and legislation.The fourth part probes into the correlative theory about the safeguard ofthe third-party right and bring forward some advice about how to perfect our correlative rules. The author illustrates mainly three aspects: the reasonable extension of expansion of the title of execution, the third-party's rights opposing the coercive conducts of enforcement authority and remedy procedure of dissidence rights which includes opposition of enforcement and action of opposition. The last part is the summarization of the whole article.