Research On The Third Party’s Application For Execution Objection In Civil Procedure

The third party opposition proceeding in the implementation of the Civil Procedure is an important part of the civilian implementation of the program in terms of major impact for civil enforcement. In this paper, the implementation of the Third Party Civil objection procedures built real cases encountered in the process of judicial practice based. Mrs Wang application for enforcement objection is not simply a case of Third Party execute civil dissent, which involves the identification of criminal proceeds and property, the legal effect of the entry into force of civil and property rights is indeed the referee to enforce the instrument and the application requirements of the program and then execute objection frustrated relief many questions surrounding the case analysis and research, this paper discusses the specific objection procedure performed in civil cases legal issues and institutional deficiencies Third Party, and put forward a sound proposal.This paper is divided into four parts.The first part is the implementation of objection against Mrs Wang application specific case presentation, raised the case of the cause of action, the case profile and controversial focus of the case, the main controversy lies in whether the law courts in Zhejiang Liandu,for Nanchuan District Court instruments to determine the case outside the legitimate property of the third party civil execution, Mrs Wang as the case against the third person outside the objections raised by civil enforcement of the legal effect of the application procedures.The second part is the basis for a legal analysis of the Third Party opposition to execution of civil proceedings. First Third Party discussed the implementation of the concept of dissent lawsuit, characteristics and perform righteous nature and function of different complaints. Second, the implementation of the specific objection from the main application, the jurisdiction of the court, during the application period, applications for the subject of the complaint and perform different meaning referee discusses perspectives detailed legislative status quo civil enforcement proceedings in the Third Party application objection complaints.The third part then return to the specific case in question this paper analyzes the case itself. Detailed analysis of the case law involving disputed issues of property ownership issues surrounding the case, the implementation of effective judgment instruments indeed the right property and the courts to enforce the law Liandu three controversial issues, and thus concluded that Lishui City, Zhejiang Liandu People’s Court and the aforementioned Mrs Wang cheap personal lawful property auction not only be based on the lack of substantive law, there is a serious violation of procedure, shall be returned to Mrs Wang personal lawful property.The fourth part focuses on case studies revelation, both to build the case based on empirical analysis, it has to explore revelation is not limited in terms of the implications of the case, the main objection from the Third Party lawsuit sought to enforce pre-procedural issues, the main scope of application to determine the scope of the Third Party objection complaint applicable jurisdiction of the court in question, filed during the application and the applicable procedures and convergence issues and other civil proceedings miniature further discussion, in order to draw inspiration related case studies.