Ways And Perfection Of Relief For Outsiders In Execution

The exploration of the system of relief for the rights and interests of non-litigants in execution started relatively late in China.Although the relevant system has been established through legislation to protect the rights and interests of non-litigants in execution,it is not mature in the design of the concept and system,and there is no good link between the relief systems,leading to difficulties in application.The Civil Procedure Law of our country provides several remedies for the outsiders in the execution,such as the execution objection,the execution objection,the third party revocation and the application for retrial,so as to safeguard their legitimate rights and interests.However,at the beginning of the establishment of the four channels in the system are relatively hasty,there are many problems in the system itself.Execution objection exists in the limitation of the right of outsiders to bring a lawsuit through the design of the procedural system.It has not achieved good results in application.Most scholars have some opinions on the application of the system.The action of execution objection is the determination of the nature of the action.Because of the different standpoints held by the practitioners and theorists,the angle of their thinking determines that there are disputes in their understanding.The revocation action hasplayed an important role since its establishment,and the unclear legislation has restricted its further function.The retrial system is in an awkward position.It is not easy for outsiders to seek relief from the retrial system in execution.Now the establishment of revocation action makes the application foundation of the system gradually disappear.From a macro perspective,the above systems constitute a relief system for outsiders.In addition to the existing problems of the system itself,there is a phenomenon of concurrence in the choice and application of outsiders because of the generality of relief functions among the various systems.In practice,the existence of these problems will lead to the waste of litigation resources and the difficulty for outsiders to choose their own relief procedures,which is not conducive to the protection of their legitimate interests.The purpose of this paper is to sort out the current situation of legislation and judicial practice in China,find out the existing problems in the operation of various relief channels,and then put forward suggestions for improvement.This article is divided into four parts.The first part is to sort out and summarize the background and development of the legislation on the ways of relief for outsiders in the execution of the case,followed by an overview of the concepts of the ways of relief and a description of the scope and characteristics of the application of the relief systems,clearly pointing out the object of this study,through the analysis of the causes of the relief systems.The analysis provides the basis for the following questions and views.And indicates the background and significance of the study.The second part is a comprehensive summary of China's civil procedural law of the various remedies of the existing problems,between the various remedies applicable to the controversial issues,in which the implementation of the objection is the implementation of the objection to the proceedings of the pre-procedural issues,to elaborate.Then it introduces the disputes related to the action of execution objection,and briefly discusses the problems existing in the application of the third party'srevocation action and the application for retrial.By discussing the defects of various relief channels to find the problem,so as to pave the way for the subsequent theoretical improvement.The third part mainly introduces other countries and Taiwan of our country about the ways of relief for outsiders in the execution of the case,which is carried out through the United States,Britain,Germany,Japan and Taiwan of our country.Through the analysis of the above countries and regions on the ways of relief for outsiders in the execution of the case,further for our country.It provides a scientific reference for improving the way of relief for outsiders.The fourth part mainly synthesizes the analysis of the current situation of the way of relief for outsiders in the execution,discusses the existing problems,and puts forward suggestions for improvement.