Research On Object Of Litigation Of Non-involver’s Dissertation On Execution

Remedy system for execution in our country has long been formally reviewed in theform, without the lack of substantive review procedure. From countries and regions with thecivil law, it is the common practice for the substantive rights on object of execution by thenon-involver to set up the litigation of dissertation by the third party. Therefore, the civilprocedural law amended in2007in our country set up the litigation of dissertation by thenon-involver, that is, where the non-involver claims substantive rights on object of executionafter the dissertation of execution by the non-involver is rejected, the object may besubstantively reviewed by means of lawsuit within fifteen days. However in the civil trialpractice in our country, the deviation of understanding on the object of litigation of such casesmakes the difference in the identification of the request of the party concerned, the lawapplied and even the expressions in the main body of judgment in the trial process.This thesis, by means of comparative analysis, by reviewing the type of the case ofnon-involver’s dissertation and based on the overview of the doctrine and theory of, definesthe object of litigation of non-involver’s dissertation and the law to be applied to object oflitigation of such cases in the trial and the expressions of the main body of judgment, hopingto solve the controversy and confusion of such cases in the current trial process, promote thedevelopment of remedy system and maintain the legitimate rights and interests of thenon-involver.