The Research Of Outsiders' Execution

A case in the judicial practice in our country at the end of the trial,when the defendant fails to perform the effective judgment,the plaintiff may apply for the enforcement procedure,the court has taken enforcement measures to protect the right of the plaintiff.But in recent years from the court's execution procedure too pay attention to the execution efficiency,the right of the outsider may be violated.Since the civil procedure law was amended in 2007.An outsider execution objection system was introduced in China.At the beginning of the system,It plays an important role in protecting the right of outsider.But with the development of the society,the demands of outsider is more and more complex,established system can not satisfy all requests of outsider,so the outsider's problems become more and more prominent.Setting an perfect lawsuit system,become many scholars' target.In this paper,the author will take three cases as examples to illustrate the problems existing in judicial practice and looking for means to solve the problem.When the author write this paper,the author refer to lots of foreign language literature datum,and learning the viewpoint from other people who are famous at home and abroad.The author collects many cases about outsider execution objection system,and the author choose three cases from those cases.The first cases is similar to second case,but the results of judgments are different.the author will analyze the reason from concept and property,and let the reader know which the results of judgments is right.In the two case,the cause of action are same,the author will discuss the cause of action,and1 et the outsider know which reasons let outsider make a request.In the third case,the author will discuss the program selection about outsider execution objection system,when the people come up with the opposition system and outsider execution objection system.the reason why author choose this case is lots errors program in the court of first instance during the author internship period.so the author will compare the two system.and analyze the different between two system.The author hope help the judge to select the correct procedure when they hear such cases in the future.