A Study Of The System Of Enforcement Relief For The Person Other Than Involved In The Case

In China, the existing mode of the system of enforcement relief for the person other than involved in the case is the combination of procedural relief and substantive relief, which is the distinction of our legislation from that of other countries. The present system is based on the integration of the former legislation of China and the legislation abroad. The unique design of procedures makes it distinguished from that of foreign countries. However, the design’s negative effect on judicial practice has become increasingly apparent. Its improvement should be grounded on the procedural optimization of the system itself. In addition, it should rely on the improvement of supporting measures. By taking the following measures, such as unifying the modes of providing relief for the substantive rights and interests of the person other than involved in the case in the compulsory enforcement procedure, broadening the system’s scope of application, abolishing the opposing procedure of the person other than involved in the case, reaffirming the principle of continuing enforcement in the term of dissenting litigation, its procedural optimization can be accomplished. Furthermore, supporting measures, including improving the system of separating trial from enforcement, establishing the principle of the relativity of res judicata, and improving the mechanism against the evasion of enforcement, the complete transformation of the system of the person other than involved in the case of China is bound to be realized in the judicial reform on separating trial from enforcement. Thus, the undue infringement upon the substantive rights and interests of the person other than involved in the case as a result of the undue infringement of compulsory enforcement can be prevented. Meanwhile, the winner of the case can realize his or her rights promptly so as to vigorously promote the efficiency of compulsory enforcement and the resolution of problems, such as the difficulty of enforcement and the arbitration of enforcement.