The Research Of Outsiders' Execution

The function of civil execution lies in the realization of the rights specified in the effective judgment documents.Different from the pursuit of justice value in the trial procedure,the court pays more attention to the efficiency of execution in the execution process,so the judgment standard of appearance is generally applied to the determination of the liability property of the person subject to execution.However,due to the complexity of real economic life and the limitation of property right publication in showing the ownership of rights,the inconsistency between the exterior obligee of the subject matter and the actual obligee often exists.It often happens that the entity rights of an outsider are infringed due to improper execution.In view of this,when China revised the law of civil litigation in 2007,we learned from the third party dissenting lawsuit system in mainland law system countries and Taiwan,and the new relief system of execution of dissenting lawsuit by outsiders was established in China.Although the system provides a remedy for the infringement of the rights of the outsider,there are still many deficiencies as a newly established relief system.This paper has chosen an outsider execution objection lawsuit in three cases,through the comparison of the result of the case in court views and,summed up the system in the existing problems in the judicial practice,counterproposal outsiders execution objection to suit the reason,nature and the way and the system and enforce the objection when competition in the processing was analyzed,and puts forward some Suggestions of perfecting the system,in order to better protect the rights of an outsider.In addition to the introduction,conclusion,the text is divided into three parts.The first part is introduced by three typical cases of outsiders' objection to execution.It summarizes the problems reflected in the cases,analyzes the causes of relevant problems,and sorts out the focus of disputes.The second part,according to the relevant legal provisions of our country and the practical and theoretical point of view,the focus of the dispute on the legal analysis.First of all,this paper introduces the different characteristics of scholars on the concept of execution objection lawsuit,and puts forward the author's definition of this system after comparative analysis.On the basis of this,this paper makes a classified discussion on what kind of rights an outsider has to the subject matter of execution to raise objection to the lawsuit,that is,which causes can be the reasons for filing the lawsuit.Secondly,it analyzes the reasons for the inconsistency of the judgment mode from the introduction of the nature of the dissenting prosecution.Finally,the author makes a comparative analysis on whether one relief procedure or different relief procedures should be applied when the outsider raises the action objection and execution objection to the court at the same time.The third part,based on the above analysis of the focus of the dispute,puts forward Suggestions to improve the execution of objection by outsiders.To clarify the cause of filing an objection lawsuit by an outsider,unify the judgment method of executing an objection lawsuit by an outsider,improve the legal application of the relief procedure of an outsider,and regulate the malicious action of an outsider.