On The Civil Implementation Of The Practical Problems Of The Third Party Objections

Civilian implementation of the civilian implementation of the Third Party dissent is animportant means of relief, the changes introduced in2008after the "Civil Law", on thecivilian implementation of the system in a systematic and scientific change and improvement,which clearly states in the implementation of relief the Third Party opposition systems,mainly in the "Civil Law" Section204, the provisions under the Act of "Third Party dissent"may be understood as, in the process of civil execution, the Third Party has been executed onthe court to take enforcement measures rights of the subject matter of claims, objections to thecourt and requested the Executive to change the implementation of the court to revoke thesubject matter of the enforcement measures.Third Party Third Party objections to the maintenance of the legitimate rights ofenforcement to ensure fair and smooth conduct of all civilian implementation plays a vitalrole. China’s "Civil Law" and relevant judicial interpretation given to the Third Party for theimplementation of the subject in dispute, but also the provisions of the Third Party filedobjections to the strict restrictions, such as the main challenge is to enforce the parties canonly be a person other than shall be subject to the execution grounds to assert their right tochallenge for the implementation of the program before the end of time, in line with the legalform of a written objection.However, because the law is too one-sided summary of the operation of the system inpractice, there have been many problems, did not play a proper implementation of the systemcorrection and protection. These include, the Third Party review of the main objections to therequirement is unreasonable, the scope of review body is not uniform, the Third Partyobjections to the lack of judicial procedural safeguards to run, Executive Officer of thepowers of ill-defined problems. The reason for both defects in the legislation itself, if notstrict legal terms, confusing legal concepts, the Third Party objections to the scope andconsequences of the proceedings is not clear; also include defects in the operation of justice,such as the lack of constraints on the executive officer and supervision, the court is not the source of their own work place and so on.In view of the Third Party’s objection to the practice of the existence of defects andshortcomings, we should follow certain guidelines while taking appropriate measures tocontinuously improve our Third Party opposition systems, such as the rational allocation ofexecutive review of agency functions, improve the regulation of the Third Party objectionappeal of the trial process, a clear abuse of the Third Party’s commitment to challenge thelegal consequences of a unified review of the provisions of the review body and review thescope of the main objections to the Third Party, give full play to a higher court in the ThirdParty objections that implementation of the relief function and role in and so on.