Constitutive Requirements Of Objection Of The Third Party To Object Of Execution

In Law of Civil Procedure,there is a series of legal systems, aiming at safeguarding the rights and interests of the third party.To set an example, Execution Objection system, for protection of rights and interests of the third party,after two modifications of civil procedure law,has already built a series of laws and regulations.Article 227 of the updated 2012 Law of Civil Procedure confirmed that Execution Objection system is the procedural prerequisite of the lawsuit against the execution.Concretely speaking,before the modification of 2012,the enforcement division reviewed the objection of the third party and made the final award without litigation procedure.However,the updated 2012 Law of Civil Procedure changed the old model: the enforcement division do the pretrial review and civil ruling, the third party or the execution applicant who refuse to execute rules is able to reach right relief through lawsuits.In 2015, The Supreme People's Court issued a new Judicial Interpretation of the Civil Procedure Law, which made a further move on review of the third party objection,confirming approaches in the review process of the third party objection. It was the first time that China made relevant operational rules of the third party objection on legislative level. However, those rules are too general to give specific provisions of so called “the rights enjoyed by the third party to rule out compulsory execution”in practice.On May 5, 2015,Provisions of the Supreme People's Court on Several Issues concerning the Execution Objection and Reconsideration Cases issued by the Supreme People's Court provides more detailed regulations in varied aspects of Execution Objection and uniform legal basis for execution of the people's court.It gave more concrete and detailed regulations on review of execution objection from many aspects such as the determination of the third party or the obligee,the judgment of rights of execution objects and the property right and expecting right of a real estate buyer.Although the current law is still inadequate, the progress is obvious.Filling gaps and loopholes in the relevant system is the normal process of law for every country.Judgments of “whether the third party is the obligee of execution object” and“What substantive rights could exclude execution”involves the relevant provisions of confirmation of the property right in the property law.How to choose judgmentstandards for the maximization of rights and interests and the affirmation principles of rights as well as ensuring the internal harmony and external ripeness of the execution objection system of the third party in China is of significant importance to us.Therefore, based on the investigation of key components of the execution objection system of the third party in the relevant law of our country,the study of the relevant system of Chinese law demonstrates its rationality and necessity.