Research On The Relief Of The Rights Of Outsiders In Civil Litigation Property Preservation

At present,in order to achieve timely and full performance after the case is won,the status of the property preservation system in civil litigation is gradually rising,but the purpose of setting up the civil property preservation system is to ensure the effective execution of judgments,protect the legal rights of creditors,and avoid The debtor transfers,conceals,or disposes of his property before the end of the lawsuit,or avoids other damages caused by the parties.Therefore,the establishment of the system is mostly inclined to the creditor,which is the applicant,which may lead to infringements in the process of property preservation.The legitimate rights and interests of persons or interested parties,so it is particularly important to establish a complete civil property preservation and relief system to balance the interests of the preserver and those outside the case.However,the provisions of civil property preservation and relief in Chinese law focus on the relief to the party,the respondent,and the relief to the non-partners has not been paid enough attention for a long time.The Civil Procedure Law of the People’s Republic of China(hereinafter referred to as the "Civil Procedure The Law of the People’s Republic of China did not make clear provisions on the content of relief for persons outside the case,and even only general provisions in the judicial interpretation.Therefore,in judicial practice,it is very difficult for persons outside the case to protect their rights in the process of civil property preservation.Based on this,the article first searched through platforms such as Peking University Magic Weapons to apply for property preservation reconsiderations and file opposition cases,analyze judicial cases,and put forward practical problems,including what ways should be adopted for those who do not agree with the ruling on property preservation There are disputes,and the reconsideration and objection systems are merely formal issues.Secondly,by consulting the research literature on the property preservation and relief system of persons outside the case,conduct research and discussion on the disputes arising in judicial practice,and analyze the reasons for these problems from the perspective of legal theory and practice,including unclear legal provisions and no distinction between general properties.There are legislative flaws in preservation and specific property preservation,civil litigation preservation and relief systems,and the lack of procedural participation rights of persons outside the case.Later,on the basis of drawing lessons from the corresponding systems of mainland legal countries and common law countries,perfect suggestions on how to improve the property preservation and relief system of persons outside the case,including the need for specific property preservation rulings and generalizations based on the nature of the property preservation ruling It is more reasonable to distinguish between the property preservation rulings of different natures,and to adopt different remedies according to different types of preservation rulings.In addition,due to the successive introduction of judicial interpretations,there are unclear or contradictory points in the current different legal norms,and scholars and judicial practice have different understanding and application of legal provisions.Therefore,the legislation on the reconsideration of outsiders in property preservation and relief Complement and improve the opposition system,set more operational provisions for the reconsideration system and the opposition system,guarantee the right to participate in the procedure and achieve substantive review in the relief channel,set up an appeal system,and use a series of methods to protect the property of persons outside the case.The preservation and relief system has been improved.