The Research Of Outsiders’ Execution Of The Objection Lawsuit Based On A Real Case

2007 the revised Civil Procedure Law and in 2008 Several problems ofexplaining the Supreme People’s Court enact Supreme People’s Court on theapplication <The People’s process of China Civil Procedure Act> have establishedoutsiders’ execution of the objection lawsuit. Outsiders’ execution of the objection isdivided into substantive objection and procedural objections. Substantive objectionrefers to the outsider uses all his rights as the reasons, he comes up with substantiveobjection to the court for enforcement of the subject matter. Procedural objectionrefers to the outsider’s disapproval of the implement court in the behavior of theenforcement, and he requests the court to give support to be changed or removed.Thispaper mainly discusses the substantive objection of the outsiders’ execution of theobjection lawsuit. The revised Civil Procedure Law gives relatively perfect protectionto outsiders’ rights and interests, and has positive significance. But along with puttingthe outsiders’ execution of the objection lawsuit into practices, its defections alsoincreasingly exposed, many scholars give different views and suggestions to outsiders’execution of the objection lawsuit. In this paper the author combines the real case tofully explain the defections of the outsiders’ execution of the objection lawsuit, andputs forward some suggestions. This paper consists of three parts:The first part is with a real case as the blueprint, from the case to the judgment,finally to the analysis,it presents a complete execution of the objection lawsuit by an outsider. On the basis of analyzing the relevant data of our country’s outsiders’execution of the objection lawsuit, the author summarizes the central issue of the case,and find out the advantages and disadvantages in our country’s outsiders’ execution ofthe objection lawsuit, and expounds her main point of view.The second part described the nature, functions and conditions of the Third Partyopposition to execution appeal to a full range of point of view to explore theconnotation of the Third Party opposition to execution claim.And this is the hottesttopic in academia, many scholars have their own opinions in the lawsuit pattern. Theauthor will introduce several hottest patterns in last few years, and then the author willstate his own opinions. The second section describes the defections of the domesticoutsiders’ execution of the objection lawsuit,the author summarizes the essentialdefections, and needs further construction.The third part is mainly aimed at the defections of the second part, and the authorputs forward corresponding measures to improve outsiders’ execution of the objectionlawsuit. Based on the first chapter’s case, facing to its present situation , the authorwant to make outsiders’ execution of the objection lawsuit improved from givingreasons to building the case.