Study On The Execution Objection Relationship Between The Interested Party And The Citizen Not Involved

Execution Objection System relief system as one of the implementation, in the protection of the interests of the opponent, plays an important role in the implementation of the main opposition party objections, objections and third Party objections stakeholders in three forms. In the "PRC Civil Procedure Law", only Article225Article227and two pairs of opposition to execution makes provision, in judicial practice, many problems can only be explained with reference to certain judicial or Supreme People’s Court for approval in accordance with the relevant solutions. According to" the law and the supreme people’s court about the applicable law of the People’s Republic of China civil procedure law execution procedures of the explanation of some issues regulations" stakeholders and involved an outsider’s identity to determine the nature of rights and oriented afterwards relief vary wildly, so how to correctly define the interested party with an outsider is important. Based on the author’s court experience and participations in two execution objection to the case as an example, the author analyses two different main body for the same reason of execution objection putting forward by the execution behavior and related legal basis, and in-depth analysis and research the interested party objection to an outsider dissent and dissent concurrence, the legal issues, such as and the shortage of the current execution objection system is studied in this paper the author’s views and suggestions.Thesis is divided into three parts:the first part, the case introduction. In this part, selecting the Xu and Liang Guwan village committee as the breakthrough point, after reviewing of the case, controversy focused on the case is put forward. The second part, the focus of controversy on the case law analysis, mainly on the basis of the first part, several disputed points in this case involved legal analysis one by one, including the interested party objection to an outsider dissent and objection recognition and analysis of competition. The third part, thinking was trigged by the case. Based on the analysis of the focus of controversy on the case law from different angles to analyze how to improve the system of execution objection and research, and the analysis put forward their own views, in order to make more high level theory researchers interested in execution objection system and performance.