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所谓第三人异议,也称案外人异议,是指在民事执行进行过程中,案外人对执行标的提出了不同的意见,并主张全部或部分权利。①异议制度的现状我国第三人异议制度的现状2007年我国修订民事诉讼法第二百零四条,即现行民事诉讼法第二百二十七条(以下简称第二百二十七条),确立了我国第三人异议之诉制度。该条对保障案外人的合法权益和提高整个执行程序的效率,起到了积极作用。一是明确了异议审查的主体、日期以及不服裁定的救济;二是明确了提起异议的效果,删除了中止执行须经院长批准的规定;三是赋予案外人起诉权;四是
The so-called third-party objection, also known as outsiders objection, refers to the process of civil execution, outsiders on the implementation of the subject put forward different opinions, and advocate all or part of the rights. The status quo of the opposition system The status of the third party opposition system in China In 2007, China amended Article 204 of the Code of Civil Procedure, that is, Article 227 of the existing Code of Civil Procedure (hereinafter referred to as Article 227) , Established the third party objection system in our country. This article has played a positive role in safeguarding the lawful rights and interests of non-residents and in enhancing the efficiency of the entire enforcement procedure. First, the main body of the objection review, the date and the remedies against the ruling were clarified. Second, the effect of objection was clarified and the requirement of suspension of execution was subject to the approval of the dean. Third, the right of litigation was granted to outsiders. Fourth,