Research On Civil Rights That Are Sufficient To Exclude Enforcement In The Lawsuit Filed By Outsiders To Object The Enforcement

The lawsuit filed by outsiders to object the enforcement was first proposed by Germany,and it was established in Article 204 of the Civil Procedure Law of the PRC as amended in 2007.In the process of enforcement,the debtor's responsible property is usually reviewed briefly,and the ownership of the right to execute the subject is judged externally.Although this can greatly improve the efficiency of implementation,sometimes it is unavoidable that the property of the outsider is mistakenly treated as the property of the person being executed.The purpose of the outsider's enforcement of the objection is to provide relief to the outsider.Since it's establishment,there are still many blind spots,especially which rights can hinder enforcement.This is also the core of the lawsuit filed by outsiders to object the enforcement.China's law does not make clear the types of rights that can prevent enforcement,only some general provisions.The laws of various departments,the judicial interpretation of the Supreme Court,and the guiding opinions of the provincial high courts are also inconsistent,which has caused great difficulties for judges and judges in judicial practice.By reading the literature and analyzing cases,and combining relevant judicial interpretations and local judicial practices,this paper conducts a typed analysis of common types of rights that may prevent enforcement,right of use,security rights,real right expectations,and debt rights.It puts forward its own opinions on whether it can obstruct enforcement,especially analyzing some special cases.It is expected that this type of research on the types of rights that hinder enforcement will provide a reference for the court's trial enforcement.The body of this article is divided into five parts.The first part introduces the meaning and purpose of the research.The second part summarizes the rights that can prevent enforcement.From the perspective of legislation and practice,it analyzes the types of power that can prevent enforcement and the status quo of legislation.There are inconsistencies in practice,exploring the nature of outsiders' enforcement ofoppositions;the third part explores the relevant provisions of other civil law countries in order to provide domestic reference;the fourth part discusses the types of rights that can prevent enforcement Carry out type identification,analyze the five specific types of rights: ownership,usufruct,security right,real right expectation right,and creditor's right,in particular,analyze some special situations that may be encountered in judicial practice,and propose your own Views;Part V summarizes the general principles of judging rights that can prevent enforcement,based on the analysis above.This article argues that ownership,usufruct,security right,and property right expectation can,in principle,prevent enforcement,but there are exceptions;creditor's rights cannot,in principle,prevent enforcement,but there are exceptions that may prevent enforcement.