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.

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