Trial Practice Research Of Third Party Objection Complaint

In 2007 with the revision of the Civil Procedure Law of the people’s Republic of China, dissent action of execution officially became the provisions of the Civil Procedure Law of specific types of litigation, in 2012, the Supreme People’s court through the counterproposal by the provisions of the revised officially put included in objection to the implementation of the action of the second level civil cause of action, and in the third cause of action is clearly divided the outsider’s objection to execution, application execution execution objection to the complaint, the implementation of the distribution plan of the objection litigation. The outsider execution dissidence law in practice accounted for the largest proportion, high case base, the demands of diverse, boast of the number of cases increased year by year. In recent years, the court started hearing the outsider execution objection to the complaint, because of the special legal relationship, types of cases is relatively new, related regulations is not perfect, the introduction of the time delay and the reasons, all levels of courts in the trial process inevitably judge standard and trial results of the various problems. To further unify the judicial standards, distinguish the outsider execution dissidence law and other similar procedure of trial and strict control of the focus of the referee the class action. In this paper, the third partys execution objection to trial and points for attention are briefly discussed in the paper. First, named in the case of the implementation of the third party objection to the concept, based on details of the action in the history of our country, namely the outsider execution objection to the historical development process; secondly, a detailed description of the case for the implementation of the third objection to the appeal trial related problems, such as lawsuit, and outsider retrial sues similar litigation distinguish of the litigation, the burden of proof, false litigation, and based on this proposed recommendations related to the trial.