The parties apply for execution in order to realize their rights.For the realization of the rights,the law gives the power of the actuator to dispose of property.Power concentration will appear abuse of power.Enforcement of improper exercise will damage to the lawful rights and interests of the parties.So the civil procedure law in our country set up an outsider execution relief system with Chinese characteristics.The civil procedure law in 2007 specifies an outsider and an outsider v. raise objection system.In 2012 the new civil procedure law to regulate the system again.System is not detailed,not only to a civil execution difficulty also cause rampant litigation problems.In this context,it is necessary to study the system to find the problem,and solve the problem.Combination of chengdu city intermediate people's court work reality,depth study of the system,and find the problem solution.In this article,the author select an outsider execution objection lawsuit as the research object.This article is divided into six parts: The introduction,introduction to the procedural problem,procedural problems and corresponding countermeasures,epilogue.Introduction part analyzes the basis of an outsider objection lawsuit theory, related concepts and related systems.The procedural problem part studied the nature of the system,dispute reason scope and system of abuse.Procedural problems part studied an outsider objection proceeding,the preceding procedure,and approval proceeding.The last part puts forward the solution.This article focuses on procedural and the procedural issues.With specific case specific analysis of the problem and find a solution. |