The Improvement Of Objection Lawsuit Of Third Party Of China

China has developed steadily in legal construction during the past decades. However, many problems also exposed, especially during the period of execution procedure. Problems such as no efficient execution for effective legal documents occurred with different reasons. In some cases, there is no property of debtors and in some others, debtors hide property. There are also lots of cases with disputes in execution procedure because of third parties claim the property which is executed by courts. And problems of hard execution because of courts or judges still exist. All in all, the settlement is improving the legal system.The execution power is the most important part of evaluating whether the legal system of a country is complete. The execution procedure includes not only execution efficiency but also the improvement of relief mechanism. Civil law countries have made great progress in execution relief mechanism development, for their relief mechanisms have been mature to fit their societies. They have their own legal system for how to relieve the rights and benefits of third party during execution procedure.China has established the objection lawsuit mechanism of third party in civil procedure law, which has embodied the progress of our civil procedure as well as the relief mechanism of third party. However, the provisions of our civil procedure law cannot provide effective and timely protection for the rights and benefits of third party with the reason that the relevant procedures are not reasonable nor normalized.Many experts and scholars have stated different opinions on the objection lawsuit mechanism of third party of our country from the angle of academic research and judicial practice. They have pointed out the problems of the mechanism and have provided relevant suggestions.The Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China, which has been adopted since Feb. 4th, 2015, sets a chapter on objection lawsuit mechanism of third party with the provisions as jurisdiction, parties and so on. Such provisions have settled many problems of the judicial practice. But laws and regulations are forever hysteretic, and we must improve the mechanism so as to adapt complicated cases in judicial practice.Regarding the above circumstances, I would like to research on the subject of objection lawsuit of third party with the methods of literature search, comparative jurisprudence and case study so as to make a conclusion of the improvement of such mechanism. Concretely, I would research on the outlines, the development of the mechanism, clarification with similar mechanisms of third party in China, discrimination with foreign countries and so on. In addition, I would analyze the judicial cases with my own learning on procedure law and working experience. Finally, I would have suggestions for the improvement of the objection lawsuit mechanism of third party of China. With the development of our legal construction, I hope our civil procedure law would be better.