On The Civil Execution Objection Lawsuit

Compulsory execution as a final judicial link to realize and protect the privaterights of citizens, is the maintenance of the last line of defense, justice however,exists in the judicial practice of "difficult to execute" and "implementation of chaos"phenomenon, not only troubled implementation case of rights, but also plagued thejudicial organs. The reason, the existence and implementation of these phenomena inthe absence of a relief system is not perfect and has a very close relationship. Thecurrent "Civil Procedure Law" the227th stipulation:"in the implementation processof the object of execution, an outsider raises a written objection, the people’s courtshall, within fifteen days from the date of receiving the written objection review date,reasonable, order to suspend on the target execution; reason not to set up, the courtrejected. An outsider, party is dissatisfied with the ruling, the original judgment,ruling that the wrong, be dealt with in accordance with the procedure for trialsupervision; has nothing to do with the original judgment, ruling, may instituteproceedings in a people’s court within fifteen days after the decision is served."Among them,"and the original judgment, ruling independent, may provide alawsuit" the people’s court within fifteen days after the decision is served,established our country civil execution objection litigation. However, in practice, thejudges on the procedure how to operate, such as what rights people can sue, how tofile the lawsuit, the litigation and general civil litigation, as well as the precedingprocedure, and even the nature of the problem, the third party objection litigationjurisdiction Effect Law Institute, applicable scope, res judicata so, there iscontroversy and confusion. Therefore, it is necessary for us to study from the legaltheory and legislation situation, both at home and abroad, as well as the judicialpractice of our country to explore, to solve these disputes and fuzzy problems, sothat the system can effectively, running smoothly, to achieve the purpose and valueof system design. Through the method of comparative study, more detailed study thethird party objection lawsuit system, to guarantee the implementation of the parties to the case and the case of entity justice under the premise, improve executiveefficiency.This paper is divided into four parts (except conclusion):The first part is introduction. The impact of the lack of legislation on the basisof the outer party dissidence of judicial case introduces objection lawsuit to thejudicial practice. At the same time, the paper gives a comprehensive introduction oftheoretical study on the third party of objection.The second part is the general theory of the outsider’s objection suit.Characteristics, discusses in detail the dissidence of the nature and function, and thedifference with the outsider’s objection, the debtor dissidence law, another lawsuitcase.The third part is the legislative status of the outer party dissidence. From thelegislative defects of existing legal norms the third party of objection lead to thechaos in the judicial practice to carry on the analysis, pointed out the existence of ourcurrent legislation will be the stranger dissent as objection lawsuit pretage procedureis not reasonable, the outsider’s objection suit and the trial supervision procedures inthe same provisions to carry out the provisions is too confusing, no clear cause andbring problems such as an accepting institution.The perfect fourth part system as the outsider’s objection suit in China. Theevolution history of Anglo American law system and continental law system of theouter party dissidence of understanding and interpretation, so as to provide usefulreference for the theory and practice of china. Combined with the reality of ourcountry, put forward to cancel the pre procedure, further define the subject scope,applicable scope, the jurisdiction of the court, filed during the period and theprocedure, judge effect, sanctions against malicious litigation, cohesion and otherprogram proposals.