Appeal Vision Of The Third Party Objections To The Appeal System

The right to suit, which is one of the basic rights and in the society under rule of law more valuable than the moral rights in the existing law deferring from the right to answer the prosecution and the right to get the public prosecution, is the right to appeal to get the relief or to start and keep the process. In the evolution of the society, the right to suit which was a right in custom becomes a institutional right and a basic human right, the essence of which becomes abundant, the form of which becomes various, the subjects of which becomes common and equal. In China, as the developing of the research of the theory of the right to suit, the system of the right to suit develops a lot, though is not perfect. In the Civil Procedural Law of People's Republic of China, Article 208, it provides that the court should exam it after the dissent in the execution, which can not protect the party by offering the procedural rights. This Article is lack of the relief of the procedural right to the relevant parties, the relief of the executee, the mode of appealing, the system of supervising to the exam of the dissent in execution, therefore, it is not able to protect and rectify. This Article tries to analyze the defects of the system of dissent in execution in the aspect of the right to suit, and suggests a better construction of the suit of dissent in execution and relevant safeguards, so as to add a new thought to the process in the perfection of the system of dissent in execution.