Study On The Legal Problems Of The Lawsuit Filed By An Outsider

The lawsuit filed by an outsider is a system of executive remedy which was set up after the Civil Procedure Law of the People’s Republic of China was amended in 2007A new way which give the outsider in through the implementation of the outsider claim substantive rights in the execution of civil case。The establishment of the lawsuit filed by an outsider, the enforcement of public power and has important significance to realize judicial fairness and justice to protect the legitimate rights of an outsider, restrict the compulsory execution in civil process.However, as the civil execution of the lawsuit filed by an outsider is put into practice, the system is not detailed, imperfect status quo is becoming more and more.In judicial practice, due to the new types of cases, all over the country in a court hearing the appeal, often appear unclear function, judgment scope of confusion, convicted of item text of non-standard, structured to be solved, in order to effectively maintain the outsider in the enforcement procedures in legal entity rights and interests are not infringed.In the academic field, although given the nature, content, many scholars of the third party of objection have different views and suggestions and have done a lot of beneficial exploration, there is still a need for further research from legal theory.This paper starts from the analysis of the connotation of the lawsuit filed by an outsider, interprets the concept, nature, composition and function of the system, comparative study of foreign countries and regions of the lawsuit filed by an outsider of the legislation and judicial experience, discusses our country’s lawsuit filed by an outsider of enforcement in the legislative and judicial aspects and the insufficiency, and puts forward suggestions to perfect the system.This paper consists of introduction, text and epilogue as a whole. The text contains four parts:The first part, a brief overview of basic theory of the lawsuit filed by an outsider, mainly introduces the concept and connotation of an outsider, the lawsuit filed by an outsider, proper analysis of the dissidence, elements and functions and induction of the dissidence.The second part, from the perspective of comparative law, introduces the general situation of the extraterritorial investigation of several typical countries and regions of the lawsuit filed by an outsider. The two legal systems of the lawsuit filed by an outsider are summarized and appraised, and illustrates their enlightenment to China, and worthy of reference.The third part mainly analyzes the status and existing problems of the system of the lawsuit filed by an outsider in our country. First, It introduces the legislative changes of China’s system of the lawsuit filed by an outsider, then analyzes the progress of this system, and finally puts forward the problems and the defects.The fourth part, mainly discusses how to further perfect the system of the lawsuit filed by an outsider. An outsider objection lawsuit system in China, according to some specific problems of the current, based on the situation of our country, the advanced experience of other countries and practice, and put forward constructive suggestions, in order to make it perfect.