Study On The Objection Lawsuit Of The Third Party

Enforcement has always been one of the hot issues in the field of civil procedure law.It relates to the realization of the effect of judicial judgment on the adjustment of rights and obligations between parties and is closely related to the legitimate rights and interests of litigants.As an important part of the execution relief system in China,the execution objection lawsuit of an outsider aims at correcting the improper behavior in the execution procedure and giving the outsider a remedy way to eliminate the infringement caused by improper execution.Compared with the first countries outside the region,the discussion and concern on the enforcement of objection litigation system by outsiders in China started relatively late,and was not established until 2007.In the development of more than ten years,the system has gone through the evolution process from general simple stipulation to continuous refinement,and has initially constructed the basic framework of system operation.However,due to the weak theoretical research foundation,and the inadequacy of the norms of the civil procedure law and relevant judicial interpretation on relevant issues,the practical application of the system still faces many difficulties.With the continuous improvement of China's economic level,the economic activities between civil subjects become more and more frequent,and the number of disputes also increases rapidly,which also brings great pressure to the judicial judgment and execution of the court.It is of great practical significance to solve the difficulties in the judicial practice and application of the lawsuit system of execution objection by an outsider so as to make the system play an effective role in improving the efficiency of execution,correcting improper execution,saving judicial resources and realizing the balance of interests between the protection of the legitimate rights and interests of the outsider and the creditor.Under this background,this article to our country an outsider execution objection lawsuit has carried on the thorough analysis and discussion,in a clear legislative level on the basis of relevant theories and judicial practice has carried on the systematic investigation and empirical research,summarizes the system design and the problems in the dilemma faced by running practice,combined with outside cases regulation experience of related issues on legislation to reflect an outsider execution objection lawsuit system in China,based on the social reality and experience of local soil response as much as possible to the question in the system running,and put forward the perfect Suggestions,In order to improve the execution of the objection of the case outsiders in our country to some beneficial thinking.As the first,this article has carried on the thorough explanation and the discrimination analysis to the correlation theory question.According to the basic theory of action,the connotation of the action of execution objection of an outsider should be defined as the entity relief system of the outsider who claims to the subjectmatter of execution that is enough to exclude the compulsory execution,and who,before the end of the execution procedure,makes a request to the execution court against the execution creditor to cancel or stop the execution punishment.Its legitimacy is based on the restriction of power,the theory of right relief and the principle of separation of adjudication.Secondly,through the investigation of the current legislation and the empirical analysis of the samples of judicial judgment,it is found that the norms in the legislation are too principled and lack of detailed guidance.However,in judicial practice,the number of cases is increasing rapidly,the identification standards of objection cause are not uniform,and the enforcement objection and enforcement objection lawsuit are confused.It shows that the practice of system operation has some difficulties in understanding the nature of the system,identifying the cause of objection and putting forward the judgment standard of confirming the right request at the same time.Thirdly,combined with the regulatory experience of the above problems in the legislation and judicial practice of the civil law system and the general law system,this paper makes a systematic reflection on the enforcement of objection litigation system by the outsiders in China,and finds that such problems as the fuzzy definition of nature,the lack of rules for the identification of objection causes,and the necessity of examination procedures need to be solved urgently.Finally,on the basis of empirical study and comparative analysis,combined with the local practical experience and Suggestions from the nature,the formation of v.for dissent for ownership,lien,pledge,possession and apply special rules of typed specification prior review procedures,cancellation,and establish a deterrent litigation right abuse prevention mechanism four aspects to our country an outsider execution objection suit.