Research On The Execution Objection Lawsuit Of The Outsider In Our Country

The Civil Procedure Law of our country establishes the lawsuit against the execution of objection by outsiders relatively late,and many concepts and regulations are still immature.Basic issues such as the object of action,the nature of action,the relationship between the action and the action of affirming real right have not been solved yet.Additionally,the problems are intertwined with each other and hard to be thorough,which inevitably leads to the situation of simple legislation and rough judicial practice chaos.By analysis the basic theoretical issues such as the concept,nature,characteristics and functions of this lawsuit,and the difference between the lawsuit and the lawsuit of real right confirmation,this paper explores the current legislative and judicial practice of the lawsuit against the execution of objection by outsiders in China.Meanwhile,It points out issues existing in the current lawsuit,such as the presupposition of the foreword procedure,the lack of specific trial procedures,the ambiguity of the reasons for the dissent of outsiders,and the uncertainty of the nature of the lawsuit.On this basis,it further proposes some suggestions,such as abolishing the pre-procedure,defining the nature of the action as relief action and formation action,perfecting diversified trial methods,clarifying the legal reasons for the objection of outsiders,and formulating operable trial rules.