A Study On The Third-party's Burden Of Proof In Lawsuits Of The Execution Objection

Lawsuits of execution objection by the third-party have seen a significant growing in recent years.However,still most lack of a clear understanding to the fundamental properties of this sort of lawsuit so as to they have no idea how to present proof in accusation.The concerning laws provide little about the burden of proof as well.So that,in the judicial operation,the third-party can't protect his rights effectively.The thesis clarifies the basis of the burden of proof and analyzes the influencing factors to distribution of the burden of proof.In addition,suggestions are proposed to make up for the current situation.In addition to the introduction and conclusion,there are three chapters in the body part:The first party presents an attribute analysis to the lawsuits of execution by the third-party and the burden of proof.This section through comparison lawsuits of execution objection by the third-party with third party withdrawal of the complaint and retrial proceeding,the procedure of lawsuits of execution objection by third-party is clearly put out.Meanwhile,the properties of the burden of proof is interpreted from the judges' perspective and the parties in action' angle.Judges' work is on the basis of it,while,as for the parties in action,it means chances of losing a suit.The second part elaborates factors that influence the burden of proof of the third-party,they are laws and regulations,accusation stage,value tendency.The thirty part points out he burden of proof's disadvantage and suggestions in the lawsuits of execution objection by the third-party.The section points out three disadvantages.Which are distribution standard to the burden of proof is single;it is unclear for the third-parties' burden of proof;judges' interpretation rights are ambiguous.Which According suggestions are proposed based on the three questions.The paper offers some proposals to solve these problems which in the allocation of the burden of proof standard,and the judge's interpretation and so on.