Research On The Third Party Enforcement Objection Lawsuit In China

Our country is undergoing fast political, economic and cultural development. In the field of civil judicial, the execution of judgment is more and more important as the last line of defense to safeguarding judicial justice. But it’s also common about the random of enforce and the difficulty of enforce. Just enforce practice in our country at present, there are many third party enforcement objection lawsuits filed by the parties or outsiders. Although the civil procedure law was modified and improved in 2007, it’s still a bit general. There are some controversies in the theoretical circle and some twilight zones are not clear in practice areas. The article 227 of the current civil procedure law in our country established the system of the third party enforcement objection lawsuit. In the judicial practice, however, it’s still something not clear about the nature of the third party enforcement objection lawsuit, the prepositional procedure, the main body scope and so on. In this paper, I’ll research the topic of the third party enforcement objection lawsuit by system analysis and comparative analysis method. First, the analysis of the problem will be confined to civil lawsuits of objection to execution in China, taking the program problem and the entity problem of objection to execution as research objects. We’ll analysis of the status quo, combining with the history of civil lawsuits of objection to execution in China. Then, we’ll summarize the defects of the third party enforcement objection lawsuit in China and put forward the solution to solve the problem. When we analyze the status quo of the objection to execution in China, we use comparative analysis method. We put forward some typical countries belonging to Anglo-American law system and continental law system as examples, analyze legislative experience and sum up the enlightenment to our country, helping to perfect the regulations of our country. Finally we’ll give feasible suggestions by above researches, aiming at ensuring case of entity justice, safeguarding the legitimate rights and interests, improving the efficiency of the execution of a case.