Outsider Raises An Objection To The Complaint

The execution of remedy system is an important part of the civil law system,and the outsider's objection suit belongs to substantive remedy system. Theoutsider's objection suit plays a great role in protecting the legal rights of theoutsiders, restricting executive power and maintaining justice. The outsider'sobjection suit has been written into the latest civil procedural law in our country,but there are still many defects when it is implemented. Domestic scholars havemany controversies on the nature of this system, constitutive requirements, andprogram setting. This paper first defines the scope of "outsider", and describesthe basic theory of this system, such as the meaning, characteristics and natureof this system, and distinguish this system with relevant systems. Then the papersums up the deficiencies and disputes of the outsider's objection suit in thelegislation and academia. Firstly, the nature of the objection suit is not clear;secondly, the elements of the outsider's objection suit are defective, includingshort time for suit, indeterminating applicable scope, and unclear rules for suitreasons; thirdly, the procedure of the outsider's objection suit is defective; fourly,there are some competitions in the outsider's objection suit system and othersystems. Considering the disadvantages of outsider's objection suit, this paperdescribes the relevant rules in places like Germany, Japan, Switzerland andTaiwan, and combining with China's judicial condition, the paper puts forwardsome conceptions to perfect the outsider's objection suit. Firstly, the elementsissues of the outsider's objection suit system should be improved, includingindeterminating applicable scope, extending the suit time and specifying the suitreasons; secondly, the procedural matters of the outsider's objection suit shouldalso be refined, including correcting unreasonable pro-procedure and clear thereferee organization; thirdly, it is necessary to handle relations with thecompeting issues with the implementation objection system.