On The Implementation Of The Third Objection

V. objection to the implementation of April 1, 2011 implementation of the Supreme People's Court "on the changes <civil cause of action provides" decision "of the two new cause of action, to meet the" Civil Law "Article 204 of the provisions of creation. "Civil Law" Article 204 for the first time in the form of legislation created to implement objection complaint system, but in judicial practice is gradually emerging out many problems, I focus on the sort of objection to the proposed implementation in the present appeal the trial problems and corresponding solutions. Objection complaint in the implementation of the overview, presented in Germany, Japan and Taiwan for the implementation of the Third Party's objection to the appeal provisions of relevant laws of China in the lessons based on the specific conditions and judicial practice, in the "Civil Law" added the process of amending the provisions of Article 204, which established the implementation of China's objection to the complaint system. As the domestic scholars to explore the still shallow, generally are the four study abroad, usually to be based on analysis of the doctrine, namely, the formation of the complaint, to confirm the complaint, the complaint and the relief of the payment to tell. By comparison, the theory, although both have to be reasonable, but still can not fully explain the implementation of the Third Party objection to the essential nature of the complaint, the more I agree with payments initiated by Taiwan scholars rongzong-Chen, says that the third objection appeals to the subject matter of litigation, third person has a positive confirmation can be excluded for the implementation of the implementation of the subject matter based on the existence of substantive rights, which request the court to rule order execution creditor shall not be removed or not as the execution of a payment for the content, so the third objection to the complaint, the legal nature of the litigation are paid. Third Party objection complaint with the implementation of general civil litigation is distinctive, mainly reflected in the proceedings of the causes and the ultimate objective, v. state of war and other aspects of the subject matter. Meanwhile, in view of such proceedings in the subject of proceedings, the conditions for prosecution, and judge the results on the claim has a certain specificity, and therefore stand alone as a class action against him. Occur in practice and execute the implementation challenge of competing objections, the court there should be how to deal with controversy, so the article first pointed out two kinds of remedies the purpose of the opposition, the main challenge, the subject and review bodies to deal with there are different ways of Therefore, the occurrence of competing parties should be allowed to choose more favorable way of objection to its release that the two kinds of relief channel of interest. Of course, the choice of a relief after the way, should not allow re-selection of other remedies. Objection complaint in the Third Party perform the procedure to build, the articles one by one implementation of the Third Party's objection to the complaint the subject of proceedings, the jurisdiction of the court and the limitation period and the implementation of the Third Party's claim objection complaint and other procedural issues to be clear, support from outside the case objection to the complaint were the framework for implementation. Among them, the implementation of the Third Party Plaintiff v. objection should enforce the parties outside of the courts to enforce the underlying substantive law rights advocate citizens, legal persons or other organizations, while the defendant executor should be applied, such as the debtor against the Third Party on advocated the implementation of the subject matter of substantive rights, it shall execute and the debtor to apply for the co-defendant. According to "Civil Law" Article 204 stipulates that the complaint filed objections to the implementation period for the implementation of the decision from the date of service of 15. Third Party fails to prosecute, the court may continue. Cf legislation of civil law countries and regions, China is also selected by the enforcement of court jurisdiction. For the Third Party objection subject to the subject matter shall be sufficient to prevent the execution, usually, but not limited ownership title, including usufruct, security interest, etc., subject to the conditions of possession, claims may be used as the subject matter of dispute. This article focuses on the Third Party Review of the implementation of objection and appeal of the trial difficult solution at this stage, articles were from the sense of substantive law and procedural law to make sense to analyze. The entity, focused on the most common interpretation of the practice of "one room two to sell," the situation and behavior are not based on legal changes in property rights cases, the implementation of the Third Party issues challenge the appeal of the trial, given the current law there is conflict, details have not yet introduction period, how the interests of balance, how to understand the implementation of the Third Party appeal hearing based on objections of the Supreme People's Court "on the civilian implementation of the People's Court in attachment, seizure, freezing of property of" Article 17 is particularly important. Article of the seventeen were fine solution to fulfill needs at this stage of judicial proceedings. In the process, the examples of judicial practice in courts throughout the implementation of the Third Party objection hearing complaints of different ways, and whether the disputed ownership of the subject judge has become the most controversial parts of the court controversy. After I concluded that the implementation of objection filed under the Third Party complaint's claim, the case should be a corresponding closed way into two cases, and sub-words. Can be brought to the Third Party is indeed the right of appeal, I think that this should not be accepted, has been accepted, should the court rejected prosecution, and inform them based on "Civil Law" provisions of Article 204 claim the rights. Meanwhile, the author of the original implementation of the decision of how to determine the effectiveness of the implementation object of the complaint during the trial to stop the execution, execution of the complaint and objection to the trial supervision procedure interface and other issues to be clarified. The conclusion part of the complete article Third Party objection complaint system implementation, give full play to its functions expressed the hope that relief, the Supreme Court issued a more urgent need to address the relevant judicial interpretation of defects and deficiencies.