A Study On The Application Of The Action Of Objection To Execution By Civil Cases

China's current effective "civil procedure law" and by the Supreme People's Court issued by the relief system for the application of the relevant judicial interpretations and opinions for the Civil Enforcement Relief System has been a more comprehensive provisions,with the judicial practice of outsiders more and more use of relief procedures,some problems in the operation process gradually exposed,For example,what kind of litigation request should be put forward,the way of dealing with the right to request the court to be brought together is not uniform,and what kind of different reasons will be recognized by the court.Legislation on the "outsider" does not make specific provisions of the scope,many of the third person based on the consideration of seeking improper interests,as an outsider to the court to file an objection to the execution of outsiders.In order to improve the efficiency of the execution of the case and save judicial resources,legislators did not cancel the objection procedure when they set up the objection procedure system,but set it as the pre-review procedure of the objection action.However,the operation of this procedure in practice did not play the role that legislators expected at that time,and it needs to be reformed.Because the outsider does not know what kind of lawsuit request the execution objection lawsuit should put forward,he often brings the execution objection lawsuit and the confirmation right lawsuit at the same time based on the consideration of the prior confirmation right,and then blocks the execution procedure with the court's confirmation right document.There are special provisions in the Civil Procedure Law and the Interpretation of the Civil Procedure Law on the handling of the court when an outsider raises a claim for confirmation at the same time in the procedure of executing an objection lawsuit.However,through the analysis of 81 civil judgments of first instance in the cases of execution of objection by outsiders in Henan Province in 2018 and 2019,the author finds that in practice,the courts seldom respond to the outsiders' request for confirmation of right in the judgment of execution o f objection,which needs to be made clear at this time.The court should respond in the judgment.The purpose of giving the right of relief to the third party is to exclude the infringement of the rights and interests of the third party by improper execution of the execution court,but in practice,there are some people who are executed choose to collude with the third party and delay the performance of the legal obligation determined by the effective judgment by means of execution objection procedure.Therefore,the system of punishing abuse of litigation should be detailed in order to make better use in practice,and also to maintain the system of execution relief.The provisions of the third party's objection to the execution of the lawsuit and the third party's application for retrial are not clear and detailed,which is difficult to operate in practice.It is necessary to cancel the third party's application for retrial system in order to perfect the trial procedure under the condition that the system of the third party's withdrawal has been stipulated in the Civil Procedure Law.This paper from the above perspective,to explore the provisions of other relief system to improve the implementation of the third party objection to the appeal help,and analysis of the third party objection to the implementation of the appeal system in the application process problems,and put forward some suggestions for optimization.In addition to the introduction and conclusion,this article has four parts to discuss:The first part is the basic analysis of the third party's objection to the execution.First of all,the third party objection to the implementation of the functions of the complaint was introduced.Secondly,the third party objection to the implementation of the system against the background of the lawsuit to do a study on the implementation of the legal provisions of the need for relief system.Finally,the third party objection to the implementation of the system were investigated,combing the implementation of the evolution of relief system.The second part of the content,through the collection of the court's ruling that the plaintiff does not have the subject qualification of outsiders and 81 first instance judgments of Henan courts in 2018 and 2019 on the execution of objections by outsiders,expounds the existence of "outsiders" in the application of the system of execution of objections by outsiders.Preposition objection procedure is more cumbersome,litigation request is not specific,the types of different rules of procedure are not clear,and the implementation of objection litigation and trial supervision coexist contradictions.The third part of the content is the comparative analysis of the outsider execution objection action and other outsider rights and interests protection procedures,by drawing on the "Civil Procedure Law" on the implementation of other relief system,leads to the following recommendations.First of all,the third person set aside the relevant provisions of the appeal,the appeal from the third person to withdraw the detailed provisions of the implementation of objection to lead perfect third parties appeal recommendations.Secondly,through the discussion of the problems in judicial practice between the third party's objection to the execution and the third party's application for retrial,and the functional comparison between the third person's withdrawal and the third person's application for retrial,this paper finally leads to the question whether it is necessary to make a choice between the three kinds of execution relief systems,and improve the system level,so as to better empower the people outside the case to relieve their rights.And give their own suggestions for improvement in the following.The fourth part,the third party objection to the implementation of the application of the complaint of the existence of optimization proposals.This part of the content combined with the practice of inspection,for how to improve the implementation of the third party objection to the appeal of the problems are given their own suggestions.Include: defining the scope of "outsider",reforming the tedious pre-objection review procedure and establishing the mechanism to prevent the abuse of litigation rights,defining the litigation requests of outsiders in the execution of objection litigation,refining the reasons for outsiders to execute objection,abolishing the system of outsiders applying for retrial,and improving the trial procedures.Through the above analysis and suggestions,I hope to be able to provide reference suggestions for the solution of the problems existing in the application of law in the implementation of objection litigation by outsiders.