On the litigation status of the person subject to execution in the lawsuit of the outsider's dissidence
The Supreme People's Court defines the legal nature of the lawsuit of the outsider's dissidence as the action of formation or the compound lawsuit in the procedural law.However,its direction carries out the old theory of action for payment,and the lawsuit of the outsider's dissidence is understood as the action of third-party execution participation that is synonymous with the action of third-party owner participation.Therefore,Article 305 in the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China determines the litigation status of the person subject to execution in the law-suit of the outsider's dissidence according to whether he objects to the outsider's dissidence.If the lawsuit of the outsider's dissidence is considered a compound action with the characteristics of action of formation and action of confirmation,the applicant for execution and the person subject to execution shall be taken as the defendants of the necessary joint action.If the legal nature about the lawsuit of the outsider's dissidence adopts other theories other than the old theory of action for payment that has been abandoned in history,the applicant for execution shall be taken as the defendant.However,considering the judicial policy of preventing the contradictory judgment and thorough dispute settlement,it is necessary to force a consolidation of the lawsuit of the outsider's dissidence and the lawsuit of confirmation of rights.
person subject to executionlawsuit of the outsider's dissidencelitigation statuscompulsory consolidation of proceedings
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