A Comparative Study Of Withdraw Of The Third Person Other Than Involved In The Case And Objection Against Execution System

With increasing number of fraudulent conduct in litigation, it is becoming increasingly important to protect the legitimate rights and interests of the third-party who is not directly involved in a case. The revision of the Civil Procedure Law in 2012 newly added the third-party opposition system to the relief system against the lawful rights and interests of a third-party who is not directly involved in a case. Such system and the system of objection to execution are set with the aim of protecting the rights and interests of the third-party who is not directly involved in a case. However, the two systems are indistinct and inconsistent in the scope of application which makes the parties in face of difficulties in choosing the procedure of right relief. The concurrence and connection of the two constitutes an inevitable problem of such protection. The Interpretation of the Supreme People’s Court Concerning the Application of the Civil Procedure Law of the People’s Republic of China was released on January 30 th, 2015. The Interpretation explains the concurrence and connection of the two systems; however, it could not be called a sound treatment.To utilize the relief resources in a full and effective manner, the allocation of the systems should be optimized properly. This paper suggests the separation of the two phases of the objection to execution system, namely the objection to execution and the objection to execution proceeding. In this case, the objection to execution will be used as procedural review and positioned as a temporary measure to eliminate compulsory execution against the subject-matter in a temporary manner and to solve the problem of continuous damage against the legitimate rights and interests of the third-party who is not directly involved in a case. The starting point of option of a party against third-party opposition and objection to execution system should be set at the point after the end of objection to execution review which may finally solve the problem of effective judgment or suspension of execution of reverse of original litigation.