Study On The Burden Of Proof Of Outsider's Execution

For preventing the execution of the Court from damaging the benefits of the outsider,the civil procedure of China has ruled the system of Outsider's Execution.Judicial interpretation of civil procedure of China provides the The burden of proof to outsider.which is also said outsider should bear the burden of proof of having the right to exclude the execution of the Court.What right should ruled by the Substantive law,which has not ruled.outsider should bear the burden of the proof,but what about the Applicant and the Executor is not considered.This paper Analyses the problem of the burden of proof of Outsider's Execution,this paper Analyses the reason of the problems and reconstruct the system of the execution objection of outsider,through considering factors;complementary antecedent program;rules of making sure the burden of proof of Outsider's Execution in order to achieve justice.This paper is divided into four parts.In the first part of this paper,the author introduces the attribution of the burden of proof of the system of Outsider's Execution.In the second part,the author introduces Judicial practice of burden of the proof of Outsider's Execution and the problem.In the third part the author introduces the reason of burden of the proof of Outsider's Execution.At last,the author introduces the reconstruction of burden of the proof of Outsider's Execution.