Research On The Application Of Causes Of Objection To Enforcement By A Non-party

In 2007,the Amendment to the Civil Procedural Law established a system of objection to enforcement by a party not involved in the case,and the new law explicitly states that the substantial right of an outsider to a case may be remedied by litigation if it is infringed upon by improper execution.When a non-party files a lawsuit about objections and demands the exclusion of compulsory enforcement,it needs a corresponding basis of rights,which in practice is called "opposition causes".However,since the establishment of the system of objection to enforcement by a non-party in 2007,the specific provisions on the causes of opposition have remained unresolved,leading to a more controversial application of opposition causes in practice.Until 2008,the Interpretation of the Supreme People's Court of Several Issues concerning the Enforcement Procedures in the Application of the Civil Procedure Law of the People's Republic of China,Article 15 stipulates that the opposition causes of non-party shall be ownership and any other substantial right enough to prevent the transfer or delivery of the subject matter of enforcement.Current Civil Procedure Lawstipulatesthe condition of objection to enforcement by a non-party,however there is no provision for the causes of objection to enforcement.So we can conclude that the ownership is clearly stipulated as an exception,but types of rights of other entities are not clear.Therefore,there are many problems in the process of applying for provisions of opposition causes of objection to enforcement by a non-party,such as the scope of objection causes is not clear,the executed person and the non-party collude and make up opposition causes to evade execution,and a lack of clear rules and ideas for the review of the case by objection to enforcement by a non-party.The study of opposition causes of objection to enforcement by a non-party in this article is to promote the solution to the problems in the process of application of opposition causes,put forward the suggestion that the opposition causes is perfect,and promote the smooth progress of the case of objection to enforcement by a non-party.This paper includes five parts.In the introduction part,the author gives a brief overview of the origins of the problems studied,the research foundations,and the research methods.The first part gives a brief overview of the concept of the opposition causes of a non-party,and further clarifies what is a "non-party" and what is "opposition causes ".The second part introduces the legal provisions and practical significance of causes of objection to enforcement by a non-party in our country,and makes clear the legal basis for the application of causes of objection to enforcement by a non-party in our country.The third part investigates the current situation of the application of objection to enforcement by a party not involved in the case in China,and the author selects 100 cases of second-instance disputes by courts of different levels in Shandong Province in 2016,empirically analyzes causes types,the result of judgment and the reason of judgment of objection to enforcement by a non-party in the sample,and summarizes the characteristics of the causes application of objection to enforcement by a non-party.According to the empirical analysis data,the author summarizes the problems existing in the application of causes of objection to enforcement by a party not involved in the case in China.The fourth part is to investigate the overseas provisions and judicial practice of the causes of objection to enforcement by a non-party,and provide references for the application of objection to enforcement by a non-party in the case in China.The fifth part puts forward the perfect suggestions on the application of causes of objection to enforcement by a non-party in the case in China.The conclusion part pointed out that the causes application of objection to enforcement by a non-party still requires the judicial organs to carry out a large number of investigations and arguments,issuing new forms of judicial interpretation,guidance cases,etc.,fomulate specific review rules for opposition causes,and clarify the review ideas for opposition causes,and give full play to the relief value of the system of objection to enforcement by a party not involved in the case.