Study On The Execution Of Dissenting Action By An Outsider

The system of execution of objection by an outsider is an integral part of the execution procedure,which aims to provide relief to the third party outside the case who is infringed by the improper execution of the court,so as to restore the rights of the third party outside the case to a normal state.In 2007,China established the enforcement objection litigation system in the civil procedure law,and in the judicial interpretation of the civil litigation law in 2015,more than ten articles were used to elaborate the system,which provided useful guidance for practice and alleviated the infringement of the interests of a third party to a certain extent.However,due to the short time and weak theoretical basis for the establishment of the execution objection litigation system in China,and the civil procedure law and related judicial interpretation of the system is not very perfect,relatively simple,execution objection litigation in judicial practice has encountered many difficulties.However,with the rapid development of China's economy,the number of cases related to economic disputes continues to increase,so there is an urgent practical need on how to solve the difficulties encountered in the execution of dissenting cases by outsiders.This paper is mainly divided into four parts:The first part is a brief introduction to the execution of the objection litigation system by the outsider,explaining the basic concept,nature,function and other issues of the system,and having a general understanding of the system.The second part mainly introduces the difficulties and causes of the execution of the dissenting litigation system in practice.In practice,there are some problems such as the formalism of pre-examination procedure,the strong effect of objection obstruction,and the unclear cause of obstruction execution.The third part mainly introduces the legislative provisions of some countries outside the region in order to get the experience for reference.By introducing the representative countries of the Anglo-American law system and the continental law system which are dominant in the world,this paper analyzes the relevant legislative experience and lessons of these countries,and explores the legislative path of China in combination with the specific national conditions of China.In the fourth part,by analyzing the obstacles and problems encountered in the practice of the execution of the objection litigation system by the outsider and analyzing the causes,the author proposes targeted measures from the macro and micro levels to solve the system problems and improve the execution objection litigation system by the outsider.For example,the author clearly defines the legal nature of the dissenting action brought by an outsider,cancels the pre-examination procedure,clarifies the scope of the dissenting cause,and strengthens the punishment for the false action,so as to provide some reference for the improvement of the dissenting action system in China.