Study on Outsider Raises Objection to the Complaint

Wairen ① objection v. Civil Procedure Law \Is the case in the implementation process, the outsider raises the subject matter of the enforcement pro-independence substantive rights, require the exclusion of the People's Court on the enforcement of the specific subject matter of the litigation. Revised the Code of Civil Procedure section 204 for the first time in China's civil legislation on the implementation of relief to set up specialized litigation, is the major initiatives in the reform of the civil enforcement regime, will have a profound impact on implementation of the relief system. However, in the current implementation of practice, this outsider raises an objection to the complaint about how to operate such as what rights v. outsider raises an objection can be raised, the party not involved outsider raises objections v. claims, as well as Wairen how to handle objections v. the relationship between the ordinary civil disputes or ambiguities still exist. All we need from a broader perspective in the study was to investigate in order to resolve the dispute, the clear ambiguities, so that the system truly effective operation. In this article, the author first outsider raises objections v. meaning, characteristics and properties discussed, followed by the system of civil law some typical countries and regions, the third party objection v. legislative status and experience in the judicial practice made an introductory analysis, and thus our current implementation of the relief system legislative and judicial shortcomings Finally my Wairen perform objection complaint system build suggestions. Through these discussions, I hope to be beneficial in promoting China's Civil Enforcement Act, with Chinese characteristics, in line with China's national conditions, the implementation of relief system. Introduction, body, and conclusion. Which the body consists of four parts: the first part is the implementation of the discussions of the basic theory of the objection v. Wairen civil. This section describes the connotation of outsider raises objections and outsider raises objections v. outsider raises objections v. theoretical origin outsider raises objections v. nature, Wairen, objection v. functionality and value, so that the overall on Wairen civil opposition to execution appeal system to grasp. The second part is to perform the analysis of the nature of the objection v. Wairen civil. Some of the major effects of the civil law of Germany, Japan and China's Taiwan region v. system design on the objection of the third person. And these samples for comparison and analysis system. The third section describes the legislative status quo of our outsider raises objection v.. The procedures of this part by the discussion Wairen objection v. outsider raises an objection and outsider raises objections v. legal effect of outsider raises objections v. legislative dispute, to the outsider raises an objection to China's system of detailed analysis. The fourth section discusses the of China's Wairen objection complaint perfect. This part from the parties eligibility applies to determine the scope of the definition of a court of competent jurisdiction, outsider raises an objection to the complaint filed by the limitation period and procedural safeguards, the referee and effect, to prevent malicious litigation, the outsider raises objections v. connected to other programs, and many other aspects, demonstration a of our objections v. system reform and the need for and feasibility. In order to establish a sound scientific and rational outsider raises objection system.