Research On The System Of Execution Lawsuit Of Outsider Objection

As one of the most important guarantees of China's execution lawsuit procedure,the role played by the system of execution lawsuit of outsider objections is undoubtedly important for safeguarding the legal rights and interests of outsiders.In recent years,with the reform of the judicial system,the functional value of the system of execution lawsuit of outsider objections has attracted attention from all walks of society.The execution lawsuit of outsider objections in China is still at the initial stage,while the statutes are generalized in principle and the judicial practice is at an exploratory stage.This paper analyzes the deficiencies in the system of execution lawsuit of outsider objections in China and compares the complaints of foreigner countries which provide legislative experience for improving the system of execution lawsuit of outsider objections in China.This article can be divided into four parts.The first part mainly discusses the basic theories of execution lawsuit of outsider objections which includes the connotation,characteristics and functions,and the relationship with other programs.The mainstream views of the academic community are combined which provides legal principles for the construction of the system of execution lawsuit of outsider objections.The second part mainly analyzes the legislative provisions of the execution system in Taiwan and foreign countries of which the legislative experiences are summarized and is well-matched to solve the problems of execution lawsuit of outsider objections in China.The third part reveals the problems existing in the judicial practice of the system of execution lawsuit of outsiders' objections in China.It is summarized in three points: issues related to the conditions for prosecution,the necessity of connecting the execution lawsuit of outsider objections and trial supervision procedure and the problem of the connection between the outsider's execution lawsuit of objection and the enforcement process.The fourth chapter is on the premise of full understanding of the system of execution lawsuit of outsider objection,as well as the comparison of extraterritorial related systems,and putting forward own suggestions on the different aspects of the problem of the system of execution lawsuit of outsider objection: Regarding the deficiencies in the prosecution conditions,I propose to abolish the statutory cause of the per-proceedings and outsiders' actions to execute objections,extend the prosecution period for prosecution of lawsuits by outsiders,and Standardize the jurisdiction of execution lawsuit of outsider objection.Through the revision of the law,the trial supervision procedure was separated from the case where the offender performed the execution lawsuit of objection.Questions concerning the convergence of the suit against the execution lawsuit of the objection by outsiders include: To re-establish the principle of non-stop enforcement during the case where the outsiders performs the lawsuit execution of objection,Explicitly stipulates that when the execution is suspended,the offender is responsible for the exception,Strictly regulate the provisions of guarantees provided by outsiders,Identify the legal liability of outsiders to abuse the execution lawsuit of objections,and to clarify the way in which litigants have filed separate lawsuits to confirm their rights by passing legislation...