Research On The Issue Of Execution Objection System By Outsiders In China

Execution objection system is a relief procedure in civil execution procedure.It is of great significance for outsiders and executed persons to safeguard their legitimate rights and interests in the process of execution.In the civil procedure law of various countries,the execution objection system plays an important role.The subject applying for the execution of the objection may be divided into the application for execution objection by the applicant,application for execution objection by the executed and application for execution objection by the outsider.Because the execution objection system by the outsider may cover more special situations than the other two systems,and is more complicated in judicial practice.It is a typical example of the execution objection system.Therefore,this paper chooses the execution objection system by the outsider as the object of study.In 1991,China established the execution objection for the first time in the Civil Procedure Law.It has been nearly 30 years since then.The amendment of the execution objection system in the Civil Procedure Law in 2007 and the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the People's Republic of China in 2015(hereinafter referred to as the interpretation of the Civil Procedure Law)have greatly developed the execution objection system.However,in the current judicial practice,due to the large number of civil litigation cases and complex legal relations in China,people's courts at all levels do not have a complete unified understanding and treatment of the execution objection system of outsiders,and there are still many disputes about the implementation of the execution objection system of outsiders.In the judicial practice,due to the large number of civil litigation cases in China and the complicated legal relationship,the people's courts at all levels do not have a complete unified understanding and treatment of the execution objection system of outsiders,and there are still many disputes about the implementation of the execution objection system of outsiders.Through the analysis of the efficiency of preceding investigation procedure for outsider's execution objection system in the judicial practice,combined with the guiding cases announced by the Supreme People's Court,the bulletin cases and the cases undertaken by the author himself,the scope of the examination of the outsider's execution objection system,the distinction between the outsider's execution objection system and the application for retrial by outsiders,the flexible mechanism of the complex case,and the distinction between the preceding investigation procedure for execution objection system and the applicable laws of the execution objections are summarized in this paper.Without changing the existing institutional framework,suggestions are given to improve the efficiency of preceding investigation procedure for the outsider's execution objection,clarify the outsider's execution objection judgment rules with guiding cases or bulletin cases,and introduce the mediation system into the examination procedures for the outsider's execution objection.