Abstract
With the continuous revision and improvement of the Civil Procedure Law and relevant judicial interpretations, China has formed a complete system to protect the rights and interests of the third party not involved in the original trial, including enforcement objection, execution objection lawsuit, the third party revocation lawsuit and retrial procedure. However, at present, the legal provisions on the cis-position of application of the above procedures are still vague. In order to explain and solve this problem more clearly, this thesis divides the time after the judgment is made into three stages - "from the time when the judgment is made to before the judgment takes effect", "the stage of execution" and "after the stage of execution". Based on the characteristics and purposes of each procedure and the functional characteristics of judicial organs, the cis-position of each procedure in different stages is determined reasonably.
Highlights
With the continuous revision and improvement of the Civil Procedure Law and relevant judicial interpretations, China has formed a complete system to protect the rights and interests of the third party not involved in the original trial, including enforcement objection, execution objection lawsuit, the third party revocation lawsuit and retrial procedure
The third party is divided into two types: the third party with independent claim right and the third party without independent claim right, and the relief procedure of the third party not involved in the original trial is established for the first time
There is no provision for the relief procedure of the third party not involved in the original trial, so in the judicial practice, it is mainly solved by way of complaint
Summary
The first stage started with the promulgation of the Civil Procedure Law of the people's Republic of China (hereinafter referred to as the Civil Procedure Law) by the National People's Congress in 1982 and ended with the Civil Procedure Law of the people's Republic of China (for officially implemented) in 1991 It is the embryonic stage of the third party's right relief system in China. The Supreme People's court has made it clear that the third party with independent claim right has the right to choose the third party with independent claim right to participate in the lawsuit, or bring a lawsuit to another court with jurisdiction as plaintiff. It strengthens the right relief of the third party who has the independent claim right
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