Research On The Litigation Of Third Objection Execution

Compulsory execution is the most effective mode to protect achieving the rights and interests that refereed in determined legal documents,and is the last line to defense justice by using state power.In the course of compulsory execution,however,it is not surprising that emerging the situation of "execution of chaos",the executive apartment misjudged the property rights owned,then damage to the legitimate rights and interests of the Third Party.To provide a effective way to save the outsiders' legitimate interests injured under this situation,the system of the lawsuit about outsiders' dissidence to execution came into being.The lawsuit about outsiders' dissidence to execution was first legislated in the revision of article 204 of the Civil Procedure Law,also provided the beginning of the construction of the system of lawsuit about outsiders' dissidence to execution;later in 2008,prompt the operation of the system of the lawsuit about outsiders' dissidence to execution;And the judicial interpretation made in 2015 drive the system of the lawsuit about outsiders' dissidence to execution to maturity stage.However,the system has established just less than a decade,and not completely developed,nor the academic community has research it deeply,bringing some difficulties to the judicial practice in China.I will research the lawsuit about outsiders' dissidence to execution from two aspects of the theory and the practice.I will try my best to improve the system of lawsuit about outsiders' dissidence to execution starting from the practicing problem.This paper includes four parts:The first part outlines the System of the lawsuit about outsiders' dissidence to execution.First I introduced the concept and features of the lawsuit about outsiders' dissidence to execution,and understand them intuitively;secondly outsider execute on opposition to discrimination and related concepts and deepen understanding executed on opposition to the Third Party;re-analysis of the outer case who perform functions on opposition side to clarify the importance of the establishment and implementation of the outsider opposition lawsuit Perfection;the nature of the last study on opposition outsider performed by today's scholars have analyzed the nature of the complaint doctrine,comprehensive author understanding the complaint put forward their own views.The second part of the paper I will research the system of the lawsuit about outsiders' dissidence to execution in other countries and regions.Through a comparative study,draw lessons from their essence,giving some suggestions to improve the system of the lawsuit about outsiders' dissidence to execution in China.The third part describes the current lawsuit about outsiders' dissidence to execution system in China,and pointed out the problems lawsuit about outsiders' dissidence to execution has in judicial practice.The fourth part I will give my own recommendations to improve the system of lawsuit about outsiders' dissidence to execution aimed at the problems refereed above.