民事诉讼中案外人执行异议之诉的程序研究——以汪某某申请执行异议一案为例.pdfVIP

Abstract The third party opposition proceeding in the implementation of the Civil Procedure is an important part of the civilian implementation of the program in terms of major impact for civil enforcement. In this paper, the implementation of the Third Party Civil objection procedures built real cases encountered in the process of judicial practice based. Mrs Wang application for enforcement objection is not simply a case of Third Party execute civil dissent, which involves the identification of criminal proceeds and property, the legal effect of the entry into force of civil and property rights is indeed the referee to enforce the instrument and the application requirements of the program and then execute objection frustrated relief many questions surrounding the case analysis and research, this paper discusses the specific objection procedure performed in civil cases legal issues and institutional deficiencies Third Party, and put forward a sound proposal. This paper is divided into four parts. The first part is the implementation of objection against Mrs Wang application specific case presentation, raised the case of the cause of action, the case profile and controversial focus of the case, the main controversy lies in whether the law courts in Zhejiang Liandu ，for Nanchuan District Court instruments to determine the case outside the legitimate property of the third party civil execution, Mrs Wang as the case against the third person outside the objections raised by civil enforcement of the legal effect of the application procedures. The second part is the basis