摘要： 2007年修改的民事诉讼法通过赋予案外人以提起诉讼的方式对执行行为可能侵犯其实体权益的情形予以救济，确立了案外人异议之诉的独立性，恢复了案外人异议的实体性本质。为了实现案外人异议之诉的价值，有必要在当事人、诉讼请求、管辖法院等诉讼构造以及当事人诉权的限制上实行与一般民事诉讼不相一致的独特制度。

关键词: 执行程序, 案外人异议之诉, 诉讼构造

Abstract: The Civil Procedure Law of 2007 modified the way to claim the remedies of an outsider in the course of the ution made by The Civil Procedure Law of 1991 ．The outsider may file a lawsuit to claim the remedies for the damages. In order to realize the value of the lawsuit filed by an outsider, it is necessary to enforce different regu-lations from the normal lawsuit, such as the plaintiff, the defendant, the claim of the lawsuit, the jurisdictional court, and the restriction of filing a lawsuit by the outsider, etc.

Key words: Procedure of the Execution, Lawsuit Filed by an Outsider, The Structure of the Lawsuit