Study Of The Lawsuit About Outsiders’ Dissidence To Execution

Our case the lawsuit of enforcement, in2007the newly revised "CivilProcedure Law" in the first set. Then, in November3,2008the Supreme Courtissued a judicial interpretation. Since the outsider’s objection to thecomplaint system implementation rudiment peep. The new civil procedure lawarticle227th just modified follows the provisions of the civil procedurelaw amended in2007204th, the contents of the articles not amended, theSupreme Court’s judicial interpretation for this article made a more detailedprovisions, the new civil procedure law provisions of the outsider’s lawsuitagainst the execution objection system is workable. The Supreme Court’sjudicial interpretation of the third party brings a lawsuit qualificationbetween the parties, the jurisdiction of the court, the trial implementationand procedural relations further made specific provisions. However, the new"Civil Procedure Law" not essentially a breakthrough from our traditionalcivil frame format execution objection system, these Provisions are made inthe original local modification procedure under the pattern of. Moreover,the basic theory and the judicial practice, the new civil procedure law andthe Supreme Court judicial interpretation for the system how to trial, howto specify the application program, and so on are not made specific provisions,in theoretical circles also have no, no form a unified point of view. In viewof this, we need to focus on the analysis of the third party of objectionsystem, to establish a reasonable and perfect the stranger dissent actionof execution system. In this paper, the concept, and then analyzed thecharacteristics and objective, theoretical outside objection, grasp theoutsider from the macro execution objection system. Then, this paper focuses on the analysis and comparison of the legislation of civil law countries orarea and practice, advanced to place them as our reference, take the essence,discard the dross. On the basis of the research of our country, before andafter modification of "Civil Procedure Law" for the stranger dissent actionof execution system provides the positive aspects and shortcomings. Inwriting this article, expect to be able to build a reasonable and perfectour outsider the litigation of executive objection system, the theoreticalresearch in combination with the judicial practice into judicial reformachievement, more fair, safeguard the legitimate rights and interests.