Execution Of Protection Of Third Persons

The writer of this paper frequently encounters many a third party demurralduring the coercive execution of judicial decisions. How to protect the third party'slawful rights is seldom stipulated in our country's current laws and far from meetingthe practical judicial demands. This paper aims to research on our country's thirdparty demurral system, its deficiency and its improvement by legislation, starting fromsome basic problems and integrating different countries' legislations.This paper is consisted of introduction, main body, and conclusion, with the mainbody including four chapters.The introduction points out existing problems of the third party interestsprotection in coercive execution, explained by the present judicial practice status.The first chapter of the main body presents current rules for a third party to file ademurral. It works as a starting point to expand this paper's arguments and points. Thesecond chapter presents the deficiency of the third party protection system in thecoercive execution procedure, mainly involving the protection method and content,form of demurral file, handling by department in charge and so on. It proves thenecessity of reform. Meanwhile, the root of the deficiency of the current lawprovisions is trailed. The third chapter presents related rules of continental law systeminvolved in coercive execution procedure. The third party's demurral procedures andits litigation systems are compared and evaluated. The fourth chapter is the emphasis.It discusses how to improve the third party protection system within the coerciveexecution procedure frame. Provisions related with the third party protection incurrent laws are summed up and evaluated. Unreasonable are provisions governingthe filing of a demurral. Existing problems concerning the handling processes arelocated and concrete contents of improving the third party protection system withinthe coercive execution procedure frame are given. The reasonable part in current lawsshall be preserved. Procedural coercive execution demurral and coercive executioncounterappeal system shall be established. To reform current coercive executionsystem, to make a rule set for the third party demurral litigation, to improve theproperty vouching rules and the supervision measurements for the protection system'sfunctioning, to improve compensation mechanism, and how to regulate the courts'review on the third party's demurral have been summed up too.The conclusion part generalized the main view points of this paper to support thenecessity and immediacy to improve the third party's protection system within thecoercive execution frame.