Study On The Dissent Action Of The Third Party Of Our Country

The civil execution is a procedure which realizes the rights instantly and efficiently.The enforcement branch examine and judge the ownership of the enforcement subject by its appearance.However,the market-oriented economy is complicated and so is the legal relation.The appearance rights conferred by legal public summons always differ from the actual rights,so the rights of the outsider will be violated inescapably.Have an interest,there must be relief.When the enforcement branch do wrong,it is necessary to set up the corresponding relief system to provide substantive relief for outsider.The dissent action of the third party is one of the ways of physical relief.In the chapter of the overview,besides clarify the conception of outsider,litigation system,the author point out the reasonableness of the complaint of relief.According to the function,illuminate the guiding principles.Next,discriminate the relation to the opposition to execution,retrial action,the third person to cancel lawsuit system,interpleader cause,execution procuratorial supervision,aiming to find the most reasonable remedy from the troubled relief procedures network.Then the author discuss the special procedural requirements,including the necessity of the presence of prepositional procedures,jurisdiction,hearing and Adjudication,legal effect and so on.At last,put forward the existing problems and rationalization proposals hoping it can promote the improvement and development of the system and give better play to its functional value in judicial practice.