Research On The Third Party Enforcement Objection Lawsuit In China

With the amendment of PRC Civil Procedure Law in2007, a new type oflawsuit appears on the scene–the objection lawsuit against the enforcementof a judgment raised by a person who is not involved in that case (hereinafter"Third Party Enforcement Objection Lawsuit"). It is a kind of lawsuit which israised, during the process of enforcement, by a third party other than theapplicant and respondent of a enforcement case, who, based on his/hersubstantial right over the subject matter, believes that the enforcement bycourt against the subject matter will infringe his/her legitimate rights and thusraises the request to court to suspend such enforcement. Since thismechanism has just been established in China, the judicial practices are just inthe exploratory stage, the relevant legislations are still in principles and thesupporting measures do not necessarily meet all the requirements of practices,I therefore would like to discuss about the practical deficiencies of the saidThird Party Enforcement Objection Lawsuits in China, introduce someadvanced legislation and practice experience of other countries and try toprovide some suggestions of improvements regarding the same.This thesis includes four chapters:Chapter One is the overall description of the general principle of ThirdParty Enforcement Objection Lawsuit. It includes the introduction of definitions,characters, natures and functions of Third Party Enforcement Objection Lawsuit. This Chapter is to incorporate some theoretical opinions and providethe jurisprudence basis for the further discussion of improving the mechanismof Third Party Enforcement Objection Lawsuits of China.Chapter Two is the introduction of relevant legislations and caseprecedents of the Third Party Enforcement Objection Lawsuits of othercountries. It contains two sections–of the Civil Law Jurisdiction and of theCommon Law Jurisdiction. This Chapter is to introduce the variousmechanisms of Third Party Enforcement Objection Lawsuit under differentjurisdictions, compare the advantages and disadvantages among them andprovide some reference for the Third Party Enforcement Objection Lawsuit ofChina.Chapter Three is a general description of the development of the ThirdParty Enforcement Objection Lawsuit of China. This Chapter is to introduce thegeneration, development and improvement of the Third Party EnforcementObjection Lawsuit of China so as to discover the various defects anddeficiencies of the current mechanism.Chapter Four is to put forward conceptions of the improvement of theThird Party Enforcement Objection Lawsuit of China and also preliminarysuggestions regarding the reconstruction of the mechanism, the refinement ofthe practice and the constraint of the right abuse, based both on the fullcomprehension and understanding of the current mechanism, and on thecomparison of the mechanisms of different countries.