Study On The Litigation System Of The Third Party Executing Objection

The enforcement procedure is a generic term of legal procedures in a civil action in which the court uses the coercive power of the state to intervene in or dispose personal freedom or properties to realize the creditor's right determined by a legal document that has come into force.While maintaining the authority of judicature,the enforcement procedure also implies the possibility of improper use and even misuse.For this reason,to protect the rights of outsiders and parties involved in an enforcement procedure,as early as at the beginning of this century,China had carried out a reform on enforcement.Civil Procedural Law in China has gone through many reforms.In the reform in 2007,China added extensive rights for an outsider to dissent from enforcement to the system of Civil Procedural Law,including filing an application to the superior people's court for reconsideration when he/she refuses to accept the verdict and filing a lawsuit against the enforcement with the enforcing court.The genesis of the system for outsiders' lawsuits against enforcements has guaranteed the rights of outsiders and provided more possibilities for ensuring the realization of the principles of fairness and justice during enforcement.As a litigation system that was established late in China's civil procedures,after the establishment of the system for outsiders' lawsuits against enforcements,there is still much room for improvement.It is for this reasons that for a long time,the discussion among various scholars in academic circles with respect to the system for outsiders' lawsuits against enforcements has never stopped.Scholars have defined it and clarified its meanings,for the purpose of setting up a more scientific system,to protect the legitimate rights and interests of outsiders.Under the efforts of relevant scholars and experts,the system for outsiders' lawsuits against enforcements has gone through many revisions and improvement since its birth in 2007.As a positive response to studies of the academic circles,from the perspective of legislation practice,not only legislators refer to the system for outsiders' lawsuits against enforcement when revising the Civil Procedural Law,but also the Supreme People's Court has issued a lot of interpretations in this regard,to refine and clarify outsiders' lawsuits against enforcement.By learning the theoretical knowledge of various scholars and experts,combined with practical experience,the author in this paper proposes some suggestions on the improvement of the shortcoming of the existing system,in the hope of contributing my share to the progress of the system for outsiders' lawsuits against enforcement.This paper is divided into three parts:The first part focuses on relevant concepts of outsiders' lawsuits against enforcement,discusses the nature of outsiders' lawsuits against enforcement,as well as the significance of its existence.Also,the author summarizes and concludes the evolution of legal provisions in China on the system for outsiders' lawsuits against enforcement.In the second part,on the basis of theoretical and practical experience,the author makes a comprehensive analysis of the system for outsiders' lawsuits against enforcement in China and points out existing problems with the system,for example,the prepositional procedure doesn't play a due role,the grounds of outsiders' lawsuits against enforcement are vague,it is unclear whether to apply a civil mediation system or not,there is a lack of protection for the rights of outsiders who learn the enforcement after the event,and so on.The third part mainly proposes some suggestions on improvement for problems pointed out in the second part,such as to delete the prepositional procedure,implement a false lawsuit punishment system,refine provisions on the grounds of outsiders' lawsuits against enforcement,prohibit the application of civil mediation system and add an enforcement feedback procedure,to guarantee the rights of outsiders who learn the enforcement after the event.