A Study On The Petition For Afirming The Right In The Action Of Objection To Enforcement By Outsiders

A party not involved in the case may either directly file a claim for obstruction of compulsory execution in a lawsuit for objection to execution,or file a claim for confirmation of rights and obstruction of compulsory execution accordingly.Whether or not an outsider makes a right confirmation claim in the execution objection lawsuit,it is necessary to examine the substantive rights.That is to say,the judge should find out the ownership of the object of execution in the substantive law before the judgment,which is the premise and basis of the judgment.This has led many judges to argue that it is superfluous to file a petition for confirmation of rights in an outsider's objection to enforcement,and that many courts do not support such a petition in such cases.However,it must be noted that in the trial of a claim for confirmation of rights in a lawsuit filed by a non-party to the lawsuit for objection to enforcement,the substantive rights and enforcement disputes may be handled in a one-off manner in a case,so as to avoid conflicting judgments brought about by the confirmation of rights filed separately by the non-party to the lawsuit,reduce the collusion between the non-party to the lawsuit and the party subject to enforcement in filing a malicious lawsuit,standardise trial of cases,and improve trial and enforcement efficiency.At the same time,Paragraph2 of Article 312 of the Interpretation of Civil Procedure Law endows the outsiders with the right to affirm the claim in the lawsuit of objection to execution.That is to say,the outsider has the right of disposition,and the judge's jurisdiction is restricted by the right of disposition to a certain extent.The lawsuit of the outsider's objection to execution includes the examination of the ownership,and the outsider puts forward this kind of claim by using the right granted by law,so we should examine and respond to this claim.This is not only the need for the court to hear the case and the practice of finding out the facts of the case,but also the basic requirement for the court to respect the right of disposition of outsiders and exercise the jurisdiction according to law.Therefore,the determination of the elements of affirming the right should be reflected in the court's decision,the decisive factor lies in whether the outsiders put forward such claims.Therefore,when hearing such a case,a judge shall hear the request for confirmation of rights filed by him/her,and respond to the request in the judgment document,not onlystating the facts and reasons,but also giving a clear reply in the judgment item of the judgment document.The court hears the petition for confirmation of the right of the outsider in the petition for objection to enforcement,mainly to examine whether the object of enforcement is real or not and whether there is a substantive right to request the court to stop enforcement.Because of the particularity of its system,it is necessary to adopt substantive examination,not only to examine and confirm its ownership,but also to examine and confirm its legality and effectiveness.At present,there are still some imperfections in the provisions of the legislation on the confirmation of claims in the lawsuit of objection to execution by outsiders,and the system itself involves many disputes between procedural law and substantive law,which leads to the disunity of the trial of the court's confirmation of claims in the lawsuit of objection to execution by outsiders.It mainly embodies in whether to hear the right confirmation claims,how to hear the case,how to design the specific judgment documents,how to handle the disputes arising from the right confirmation claims filed by the outsiders based on different causes,and what are the standards for the examination and determination of rights.All the above are the problems caused by the right confirmation petition in the system.Therefore,through the analysis of the reasons for the above problems,the following aspects shall be perfected: firstly,the trial of a case shall comply with the statutory principle of rights,implement the standards for priority discrimination of rights,and grant the exclusive jurisdiction over the determination of the rights of the subject matter of enforcement to the enforcement court,so as to unify the judgment principles that shall be followed in the trial of the right determination petition in the lawsuit filed by a party not involved in the case for objection to enforcement;secondly,the trial standards shall be clarified by clarifying the judgment standards for the right determination petition and the recognition standards for the right examination;and thirdly,the standardization of the handling of the right determination petition shall be promoted by determining the dual nature,precise functional positioning and regulation of the rights protection and the malicious litigation.