论我国案外人执行异议之诉制度的完善-法学专业论文.docxVIP

AbstractAn Abstract An outsider execution objection lawsuit is one of the important means and way of execution remedy system，it’S there to safeguard the legitimate rights and interests of an outsider has very important significance．Along with our country reform and perfect the judicial system，an outsider execution objection lawsuit system has the special value and function of more and more get the attention of the society from all walks of life． Abroad and our country Taiwan area outsiders objection lawsuit system also has a clear legislative provisions．Though an outsider objection lawsuit system of countries and region has difference，but they also exist in common．This is mainly embodied in the application Settings on the maximum of protecting the legal rights and interests of a third person，the face of the conflict between justice and efficiency, fair as the first value pursuit．Countries for an outsider objection lawsuit system has a perfect legal system and rich experience in legislation，is worth our country to study and draw lessons from． In recent years，an outsider execution objection lawsuit system in our country in the continuous development and improvement，it improved to limit executive power, protecting the rights of an outsider,and maintenance of justice has played a very important role．The civil procedure law of Our country and relevant judicial interpretations promulgated outsiders objection lawsuit system is a specific stipulation，an outsider objection lawsuit system Was further improved． However,an outsider objection lawsuit system in the judicial practice of more problems in the operation of the deep．This is mainly manifested in the current”civil procedure law”outsiders objection proceeding rules still too thin，sweeping，part of the program set unreasonable，etc．If these problems cannot be resolved in a timely manner,value and function of the system would be greatly affected．So this article on the basis of draw lessons from abroad and basing on the act