A Typological Commentary On The Applicable Test Of The Action By A Nonparty For Enforcement Preclusion

In the civil execution procedure,the execution objection system,as an important relief procedure,is more important in every country.Since Article 208 of the Civil.Execution objection system,as an important relief means,has been reflected in various countries' civil execution procedures to varying degrees.In China,Article 208 of the Civil Procedure Law of 1991 has initially established the system of objection to execution.It has been more than 20 years since then.After several amendments,it has been perfected and tended to be mature.According to the different classifications of the objection subjects,the objection can be divided into three types: the objection to execution by the executed,the objection to execution by the applicant and the objection to execution by the nonparties.These three types of relief procedures have their own characteristics and significance.However,compared with the other two types of execution objection,the situation of execution objection litigation is more complex,covers more content,occurs more frequently,and pays more attention in judicial practice.Therefore,this paper observes and analyses the conditions for the execution of objection suits and judgments by nonparties since the Civil Procedure Law Interpretation was promulgated in 2015,evaluates the actual effect of the threshold of prosecution and the criteria of adjudication in dispute resolution,summarizes the judicial rules,and seeks potential relief for nonparties whose rights and interests may be impaired by the enforcement of the subject matter.For support.The different situation types of "civil rights and interests sufficient to exclude compulsory execution" should be paid more attention in the case of execution objection by nonparties.At present,in judicial practice,the practice of "enough to exclude the civil rights and interests of compulsory execution" is different in different regions and at different times,and the need for clarity and unity is inevitable.Therefore,the purpose of this paper is to analyze the conditions of prosecution for the execution of objection by nonparties through the combination of theory and practice,and to make a functional analysis of "civil rights and interests sufficient to exclude compulsory execution" as a criterion.Apart from the introduction and conclusion,the full text has three parts:The first part outlines and evaluates the institutional orientation and relief intention of nonparties' objection to execution in the academic context.This paper mainly elaborates the origin and nature of nonparties' execution objection litigation,and compares this system with execution objection,third party revocation litigation and application execution objection litigation related system,in order to achieve complementary functions in civil litigation execution procedure.Secondly,try to summarize the expected function of nonparties to execute the objection,and make an introduction for the following text.In the second part,by investigating the different situations that cause the objection of nonparties' execution on the Internet of judicial documents,the source of the case and the description of the case are elaborated through statistical data,trying to conclude that in judicial practice,the most prominent contradiction is that the objection of nonparties' execution based on ownership,real right of security and creditor's rights is the criterion "sufficient to exclude compulsory execution".The situation type of "civil rights and interests" paves the way for the in-depth analysis of the specific situation in the following study.The third part further classifies and analyses "civil rights and interests sufficient to exclude compulsory enforcement" through in-depth observation of disputes and application of criteria.In ownership,retention of ownership and co-ownership are the typical cases,in security real rights,the execution of money pledge is the typical case,and in creditor's rights,the execution of objections by outsiders is understood under the typical cases of purchasing houses under the name and equity ownership agreement.As far as its function is concerned,the possibility of the right remedy it can provide constitutes the institutional value of the lawsuit.The fourth part sums up the remedies for the loss of the rights and interests of the non-party concerned with the object of enforcement from two aspects: the possibility and benefit of the non-party suing for execution of the objection and the strategic points and risk aversion of the non-party suing for execution of the objection.