The Outer Party Dissidence Of Civil Execution

The civil procedure law of article 204 in 2007 has a new design of the third party’s objection system, review first, if not satisfied with the review decision, then through the litigation procedure to resolve the dispute. From this, to review the objection has became an important content of the third party’s objection system in our county. It got timely and effectively solve between the parties and the outsiders of the practice. To endow the relief way of the outsiders, is not only the needs of protecting the outsiders’legitimate rights and interests, but also the needs of ensure the judicial authority and the judicial justice. The article choice the civil procedure law of article 227 as an perspective, to discuss the objection system in our county, combine with outside foreign related legal system, put forward some superficial ideas and suggestions to improve and perfect the outsider execution system of our county, in order to better guarantee the legitimate rights and interests of the outsiders.In addition to the preface and epilogue, the article is divided into four parts. The first is the overview. First the definition, then analysis the necessity and the theoretical basis. In part two of the article, examine the related legal system of the others outside, divides into the continental and the Anglo-American law system, in order to construct the outsider objection system of our country through the comparative analysis. In part three of the article, survey the present situation of the outsider objection system of our country, and point out the problems existing in the present situation. In part four of the article, put forward some suggestions to perfect the outsider execution objection system in China. These suggestions include some principles, how to distinguish between outsiders and interested party, how to improve the examination of the objection and how to regulate the malicious objection.