V. Research In Civil Execution Of The Third Person

The new version of Civil Procedural Law of The People’s Republic of China took effect officially from the date April1st2008. In this new version, the amending and improving on the relief system of the civil execution have drawn most attention especially because the amending on Term204which is about the third party (an outsider) dissent stipulating clearly for the first time that the third party can take an action to make a relief on the wrong execution on the object is regarded as the official establishment of the system of dissent action of execution brought by the third party in civil procedural law. Before amending, people from all walks of life held various opinions on whether of such system should be established. Even after the amending, there are many arguments on whether the stipulation about the action brought by the third party described in the second part of Term204is identically the dissent action of execution brought by the third party in continental law in the academic field.With the definition to the dissent action of execution brought by the third party, the first chapter of this assay briefly delivers all arguments on the nature of the dissent action of execution brought by the third party and believes it is more reasonable to definite the dissent action of execution brought by the third party as relief action, and meanwhile the intension and extension of the dissent action of execution brought by the third party are more comprehensively and further understood through comparison with such concepts as third party dissent, execution action dissent and dissent action of execution brought by the debtor. The second chapter, from the perspective of comparative law, studies on the foreign law regarding dissent action of execution brought by the third party. With the successful experiences of the typical countries and regions under continental law, the third chapter of this assay, in aspects of application scope, prosecution elements as well as trial and judgment and etc., provides specific thinking on improving the dissent action of execution brought by the third party and hopefully this will make effort to the theoretical study and judicial practice.