案外人异议之诉之证明责任探究

The exploration on burden of proof in the objection lawsuit of the third party

我国确立案外人异议之诉制度的时间尚短,在各方面对该制度的规定还不完善,尤其是在证明责任方面。但证明责任在执行异议之诉中的重要作用非比寻常,应当引起法学人士的高度重视。结合我国2015年新修订的《中华人民共和国民事诉讼法》司法解释,对案外人异议之诉制度中的证明责任及运行状态进行探讨,以期系统地整理相关的知识。

The time our country have established the objection lawsuit of the third party is short, so the regulations about it are not perfect, especially on the burden of proof. However, in the civil suit, the function of the burden of proof has very important effect, which can never be replaced. It is worth causing great notice from legal person. Combining the 'PRC Civil Procedure Law which was latest revised, shows the burden of proof and it's running state in civil lawsuit of objection to execution, in order to make a brief analysis of related basic knowledge.