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Study On The Action Of Objection To Execution By The Outsider

Posted on:2020-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:R FanFull Text:PDF
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The action of the outsider's execution objection is to remedy the execution error in the way of lawsuit,which is the right of the outsider or the party(as the plaintiff)based on the entity.Civil execution is a procedure to realize private rights by using state public power-civil execution power.In order to realize the creditor's right quickly and efficiently,the executing agency can only and theoretically only conduct formal examination and judgment on the ownership of the subject matter from the aspect of the appearance of the right.However,in the highly developed modern market economy society,the appearance right and the actual right presented based on the legal right publicity method are often inconsistent.once the two are inconsistent,the execution behavior of the execution agency based on the form judgment is the improper execution behavior that infringes upon the entity rights and interests of the outsider."Where there are rights and interests,there must be relief".In order to provide relief for the outsiders who suffer from the infringement of entity's rights and interests due to the improper execution of the executing agency,it is necessary to build a substantial relief system for execution.The lawsuit of execution objection by the outsider is a substantial relief system.It is the lawsuit that the outsider claims to have the right to exclude the execution of the subject matter in the execution process and requests the executing agency to cancel the compulsory execution of the subject matter in dispute.In this paper,based on the case of the court of N city,capital of J province on the east coast,the author discusses the existing problems of the outsider's execution objection lawsuit,analyzes the nature,composition and function of the outsider's execution objection lawsuit,and puts forward some improvement methods.From the composition of this paper,it is divided into 5 parts:The first part,mainly the combination of the eastern coastal province N J city court counterproposal outsiders execution objection suit case,an outsider execution objection lawsuit is discussed the existing problems,put forward the current recorded outsiders in the execution objection lawsuit,to different degrees exist insufficient attention degree to the attention of the execution objection cases,objection to low approval ratings,case processing time is long,an outsider filed objection proceeding to enforce the progress of the effect is obvious,and the false objection cases lack of strong sanctions on five aspects of problems.The second part mainly discusses the nature of the dissenting action.This paper discusses the value foundation of the outsider's execution objection lawsuit,the structure and function of the outsider's execution objection lawsuit,the nature definition of the outsider's execution objection lawsuit and the position and relationship between the preliminary procedure and the outsider's execution objection lawsuit.In particular,on the definition of the nature of the dissenting action executed by the outsider,this paper analyzes the current mainstream view and probes into its nature.The third part discusses the subject limitation of the objection brought by the outsider.This paper discusses the parties,interested parties and other types of subjects who bring the execution objection lawsuit as an outsider,and studies the methods of restricting the execution objection lawsuit brought by an outsider from the perspective of the subject.The fourth part discusses the limitation and other types of claims by outsiders.This paper mainly makes a distinction between specific movable property,immovable property,negotiable securities,equity and so on,and discusses the limitation of the time when outsiders' right of claim occurs,and studies the limitation of the right of claim of execution subject matter against outsiders.The fifth part is the feasibility analysis of the preliminary execution objection procedure on the litigation of the ruling result of the right of claim to exclude the execution objection.This paper analyzes the preposition procedure of the dissenting action executed by an outsider and studies its necessity and limitation.The sixth part discusses the ex post evaluation mechanism of the outsider's objection lawsuit,from three aspects: establishing the system of requesting the outsider's objection lawsuit to provide guarantee,paying the interest compensation standard due to the delay of execution,and establishing the right of claim for the loss of the subject matter executed.At the same time,specific measures and Suggestions are put forward to improve the execution of dissenting lawsuit by outsiders and avoid false lawsuit.
Keywords/Search Tags:civil execution, outsider's objection, outsider's lawsuit of execution objection
PDF Full Text Request
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