Study On The Lawsuit Filed By An Outsider In The Course Of The Enforcement

Execution can guarantee the creditors of the litigation interests; also it is proceeding in civil procedureof the last. With the intervention of the public power to ensure creditor rights and the implementationmethod, hard to avoid in the implementation process will appear all sorts of illegal and unreasonablebehavior. For restraining the improper use of public power, the civil procedure law execution procedures ina compiled this stipulates corresponding executive relief system. For this, our country is in article204ofthe civil procedure law provisions for the first time in the stranger can rights and interests are infringedupon, the way to lawsuit should be relieved. This is the objection to the complaint of the Third Party.The introduction of a Third Party lawsuit to challenge the system in the modification of the CivilProcedure Law in2007.In2008, the "supreme people’s court on the applicable the civil procedure law ofthe People’s Republic of China the execution procedures the explanation of some issues", and used the10provisions of article204for further explanation. More detailed provisions on the litigants, the limitationperiod, as well as other questions, in order to enhance the operability of the Third Party objectionscomplaint. Section204of the Civil Procedure Law stipulates that the implementation process, the ThirdParty on the implementation of the subject of a written objection by the People’s Court within15days fromthe day by a written objection to be reviewed, the grounds for the order to suspend execution; reason not toset up The court rejected. Satisfied with the ruling, the Third Party, the party was divided into two cases.Think with the original decision, ruling related, through the process of judgment supervision is dealt with;Think irrelevant, may bring the suit.The first part mainly through the analysis of204of the Civil Procedure Law, to establish the rightfulplace of the Third Party objections to the complaint in the Civil Procedure Law of China. We will analysisthe significance of Section204of the Civil Procedure Law of the retrial procedures and Third Partyobjections complaint parallel. The former mainly to solve the problems according to execution; the latter isin the execution according to accurate, under the premise of solution to the subject matter of the executionof the existence of execution inappropriate behavior.For the nature of the claim of the Third Party opposition, domestic and international law experts have been debated, there is no unified view. The second part of the thesis, research of China’s academic circles ofthe problem made roughly combing China’s Third Party lawsuit to challenge the nature of the classified tothe formation of telling. This is because, the purpose of the proceedings of the Third Party oppositioncomplaint Third Party in order to prevent the execution behavior to continue, to the rights set forth in thesubstantive law as the basis for the court to suspend execution behavior. The decision to change the originallaw enforcement relations for content, which accord with the basic requirements of forming judgments,also accord with the fundamental values of the remedy of executing.The third part of the first system of civil law and common law countries and regions are introducedbriefly. By legislation value and the purpose of legislation and other aspects of the consistency, differentlegal system of each country and the area of the outer party dissidence there are some similarities. But atthe same time, due to differences in many aspects of the economy and culture, legal traditions and legalsystem, in different jurisdictions on the system in the design of specific procedures, there are manydifferences. Through the analysis of the similarities and differences, and concludes that the significance ofour country has the comparison research conclusion.On the basis of the front part of the study, we analyzed third party objections to the complaint of thecurrent Civil Procedure Law at last. For example, the Third Party objections to the complaint of the scopeof application, reasons for dissent, and the specific procedures, such as the main body, the limitation ofaction, jurisdiction and in more dispute objection preceding procedure. In addition, we need further clearlythe Third Party objections lawsuit system of the advantages and disadvantages, and provide somesuggestions. We believe that the Third Party objections complaint objection to pre-program settings, andhas practical significance in our current legislation. Finally, Third Party objections to the complaint as alawsuit, it has the suspension of execution effect when the plaintiff wins the lawsuit.