Research On Difficult Issues In Objection To Execution Lawsuit Filed By Outsiders

In Chinese civil procedure litigation system,the shortcoming of ineffectiveness of the right to appeal and the deficiency of remedy for the violation of outsiders'interests has exists for long time.In recent years,litigation cases of outsiders'opposition to enforcement of objections have been proliferating,and cases of objections from various outsiders have emerged largely.Various rights and interests of the outsiders are infringed,whether from property disputes,to creditor disputes or company equity disputes,even from the immovable property rights to the movable property rights,from the security interest to other special rights.We have to standardize the path of the outsiders' remedy for their judgment,ruling,and mediation of the legal effect.Most scholars are focus on the procedural structure researches of the outsider's execution of the objection,or the study of the relief procedure.In addition to the description of the above procedures,my article also focuses on the entity perspective which is sufficient to exclude the execution of the entity.This paper attempts to connect the two dimensions of procedural law and substantive law,and conducts research on the specific types of rights and judgment criteria of the subject rights to the cases of outsiders,in order to achieve complementary interaction between the procedural law and the entity perspective.The nature of the lawsuit filed by outsiders to object the execution has three theoretical theories:the protection of the rights of the entity,the protection of the right of opposition,the protection of the rights of the entity and the protection of the rights of the objection.The doctrine of the protection of the rights of the entity and the right to dissent has more comprehensively covers the right of the outsider to enforce the objection,include confirm and exclude the purpose of the lawsuit executed.The case of the outsider's execution of the objection is a kind of litigation relief procedure,and there is a big difference between the application of the third party's revocation and the caseworker's application for retrial system,which constitutes the complete approach of China's rights relief system.There are many problems in the practice of the execution of objections by outsiders,which are concentrated in the following three aspects:There is a big controversy about the gradual failure of the legislative purpose of the pre-program setting and the necessity of setting the standard of the review criteria;The issue of confirmation of rights in the case of the outsider's execution of the objection has not been uniformly resolved.For example,the outsider issues the objection to the objection and the confirmation of the relationship of lawsuit,the parties together file the right to confirm the claim.In response to the above problems,this paper analyzes the cause of the change in the right of objection review of the executive department,the root cause of the problem of the nature of the dispute,and the legalization of the object of the objection.In order to solve the above problems,we can start from the following aspects:First,We could learn reasonable value from the extraterritorial legislations.Second,the trial process should follow the correct refereeing principle,abide by the legal type of relief type,implement the rights priority screening criteria and adhere to the strict review of the procedural requirements.Secondly,in the specific problem-solving level,the first is to improve the construction of the opposition procedure pre-procedure,realize the legislative purpose of implementing the opposition pre-procedure,and link up the relationship between the opposition system and the objection;The second is to solve the problem of confirmation of rights in the execution of the objection,to clarify the relationship between the outsider's execution of the objection and the confirmation of the lawsuit,and to shape the verdict of the confirmation request.Third,it is necessary to conduct a type study on controversial objections,and to unify the review criteria for the protection of the rights of actual rights holders and whether the special claims can prevent the implementation criteria.The above questions are raised and resolved to improve the operating system of the outsiders to implement the dissent system,better solve the problem of the rights of the outsiders,and protect the actual rights of the outsiders.