The Perfection Of Objection Suit By Outsiders

Although the process of rule of law in China has developed rapidly in the past few decades,there are still many problems in judicial practice,among which the property disputes of the executed person by the outsiders are the most prominent.As an important part of the civil execution relief system,the lawsuit against the objection of the outsider in the execution procedure has its independent status and procedural value.The original intention of the lawsuit is to exclude the infringement of the rights and interests of the third party when the court enforces the object of execution.However,because the lawsuit against the objection of the outsider started late in China,the system is not exhaustive and complete.The present situation of good is also increasingly revealed.In judicial practice,problems often arise,such as unclear function orientation,confusion of the scope of trial and adjudication,and irregularity of the main sentences.This article takes the analysis of the connotation of the alien objection litigation as a breakthrough point to explain the concept,nature and value of the system;by discussing the problems and deficiencies in legislation and judicial practice of the alien objection litigation system in China,and comparing the legislative status and practical experience of the alien objection litigation system in foreign countries and regions.And then put forward suggestions for improving the system.SuchIn addition to the introduction and conclusion,this article is divided into four parts:The first part is the basic theory of outsiders' enforcement of objection.This part mainly introduces the concept and connotation of the lawsuit of the objection of the outsider and the outsider,analyzes the nature of the lawsuit of the objection of the outsider,and summarizes the constitutive requirements and functions of the lawsuit of the objection of the outsider,so as to provide a solid theoretical basis for the later part.The second part is the system analysis and existing problems of the execution of objection suit by outsiders.Firstly,according to the time sequence,this part analyzes the legislative changes of the system of non-litigant objection litigation in our country;secondly,it analyzes the current practice situation,existing problems and shortcomings of the system of non-litigant objection litigation in our country,which lays the groundwork for the targeted countermeasures put forward later.The third part is a comparative study of the outsider's objection suit.In this part,from the perspective of comparative law,by analyzing the general situation of several typical countries and regions outside China,the author makes a comparative analysis of the two legal systems,and bases on China's national conditions and draws lessons from foreign advanced experience.The fourth part is about the perfection of the system of objection suit.It focuses on how to further improve the system of outsider objection litigation in China.According to some specific problems existing in our country's non-litigant objection litigation system,the following countermeasures are put forward: first,to improve the pre-procedure of non-litigant objection litigation and the filing period;second,to clarify the causes of the non-litigant objection litigation system;third,to form a common case of unified trial criteria.