The Improvement Of The Non Party’s Objection System In The Civil Property Preservation

Property preservation system of civil litigation is of great significance to promote the cases tried in justice and efficiency. But thinking throughout our country civil procedure legislation,the regulation of civil property preservation system exists a big loss even blank in a certain extent, especially in counterproposal protection system the non party’s related rights and interests. It has brought damage to the lawful rights and interests of the non party in the judicial practice. In the property preservation system of civil lawsuit legislation,the non party’s dissent in the regulation is only 2015 years of the "supreme people’s court’s interpretation about applying <the civil procedure law of the People’s Republic of China>" of the 172 th regulation: "the interested party who are not satisfied with the preservation and advance execution ruling made by the people’s court can applly for dissent, which is in accordance with article 108 of the civil procedure law". Therefore,,it is very necessary to improve the system of the non party’s objection of civil property preservation from the judicial practice and legislative provisions.This paper makes use of a true classic case of the non party’s dissent in the property preservation as the breakthrough point and raises the loss in the legislation of the non party’s dissent in property preservation system. The author quotes Cao Weixiu’s(a famous scholar in Taiwan) basic theory piont in “the interpretation of the latest civil procedure law”,that the property preservation program is divided into two stages: one for the petition and the procedure of the referee; secondly, the procedure of execution phase. Under the big frame from this two clues, the full text except for introduction is divided into four parts.The first part:the overview of the non party’s dissent in civil property preservation.This part expounds the concept and characteristics of the non party’s dissent in civil property preservation.It compares with the parties’ dissent in property preservation and the non party’s objection in executable program to study the significance of the non party’s objection in property preservation system.The second part :the legal basis of the non party’s dissent in civil property preservation. This part consists of the three aspects: idea of restricting power, idea of right remedy, and the combination of relief of the parties and the non party’s relief.It elaborated in detailthe legal basis of the existence of the non party’s objection in the property preservation.That suggests the perfection of this system is in conformity with the judicial philosophy.The third part :problems that exist in the judicial application about the non party’s dissent in property preservation.This part analyzes the lack of regulation about the non party’s dissent in property preservation and the lack of legislation leads to confusion in the judicial application. These problems are increasing, and it affect seriously the judicial reform smoothly.Then it also brought a series of problems to execute a program. Therefore,we need to perfect the relevant legislation in order to use the judicial practice better and better.It conform to the development direction of civil litigation and is in conformity with the concept of litigation justice and meet the trend of the development of law.The fourth part :The perfection of the non party’s dissent in property preservation system in our country.This part is the core part of this article. It will be divided into two big direction of the specific perfection: the perfection of the non party’s objection system of the phase in court making preservation ruling and in court enforcing security measures. Finally, it expounds wrong damages of the non party’s dissent for property preservation as the final part of the article.