The Study Of Execution Objection By The Third Party Based On Effective Judgment

The execution objection based on effective judgment is a complex type of execution objection.In the construction of “two-tier program”,this special form of execution objection will show its own characteristics.During pre-review stage,because the form review principle of appearance will not play an important role,so it's essential to establish a special standard of review based on the type of objection.In the trial of the lawsuit against execution,although the classification logic of pre-review reveals case issue,in consideration of the existence of avoid execution,it's necessary to think about how to identify malicious litigation in order to maintain the legitimacy of the executive entity.The purpose of this paper is to form a rational understanding of the execution objections based on the effective judgement and establish the adjudication rules of such special execution objections,and improve the existing system rules.This article besides the introduction and conclusion,is divided into four parts,up to 36000 words.The first part is the definition of execution objection based on effective judgement,which has the general commonality of execution objection in general form,also has its own unique personality.In the process dimension,only under appropriate conditions can there be execution objection based on effective judgment,which is based on the deep analysis about execution relief and in civil litigation relief,rather than the difference between the execution objection and civil litigation again.The second part is the research of pre-review process of execution objection based on effective judgment,as the pre-legal procedures,the review conclusion in the particular execution objection based on principle of appearance is often in conflict with that based on effective judgment,the traditional examination standard can't play an effect.Therefore,based on the constructing principle of execution objection system,we should classify effective judgments based on basic facts and referee contents,and set up new review standards,which is not only the inherent need of pre-review procedure,but also the proper meaning of procedural justice.The third part is the discussion on the lawsuit against execution objection.The subject of lawsuit against execution objection in China is more extensive than outside.That does not change the internal attribute of lawsuit against execution objection.In the trial proceedings of the lawsuit against execution,the situation in which the debtor and the outsiders conspire to avoid the execution of should be corrected,to ensure the legitimacy of the implementation.For the debtor and the outsider to dispose of the debtor's property with a malicious lawsuit,the lawsuit against execution objection is void.The fourth part is to construct the optimal execution objection based on effective judgment,the legal form of the outsider execution objection is often abused,the main reason is that malicious litigation has low implementation cost and is difficult to identify,obtain the malicious litigation judgment will make an outsider to occupy a favorable position in the execution objection,so effective regulation of malicious litigation,the abolition of pre-determinate force of the decided facts,and relief program to creditor when debtor dispose his property through malicious litigation is very necessary.