A Study On The Trial Practice Of The Appeal Of Execution Objection By The Non-residents Involved In The Housing Case

2007 "civil procedure law of the People's Republic of China"(hereinafter referred to as the civil procedure law)modified,adds an outsider execution objection suit in China(hereinafter referred to as an outsider objection suit)system,this system is a new type of litigation,the introduction of the system,give an outsider in the executable program provides relief way,embodies the ideas on legislation from actively protect the interests of the applicant executor to balance an outsider and change of the rights and interests of the applicant executor.In the execution procedure,the person applying for execution,the person subject to execution,and an outsider all try their best to dispute the rights and interests of the house to be executed.Therefore,in this context,as one of the important types of litigation cases opposed by outsiders,litigation involving the execution of objections(hereinafter referred to as litigation involving outsiders)is increasingly difficult to handle and its importance is self-evident.However,due to the lack of detailed,systematic and unified legal norms in legal practice and judicial interpretation,there are many problems in judicial practice concerning the determination of facts,application of laws and standards of judgment.As a practical worker of the court,the author has tried many cases involving the objection of outsiders.Therefore,from the perspective of practical trial,this paper analyzes the reasons for the existing problems and puts forward its own views through the case study in practical trial,in the hope of providing references for the trial practice of this type of cases.This paper mainly consists of the following four parts: the first part expounds the related room an outsider objection litigation of particularity,has been clear about the related room an outsider objection to the special properties of the suit,special features and the unique structure of litigation,highlights the involved room an outsider objection proceeding in the important position of the an outsider objection lawsuit system,for the discourse analysis in the below.The second part mainly discusses the problems existing in the trial practice of the objection of the outsiders involved in the case,including the different judgment results of the cases of borrowing the house,the right protection of the house lessee,the special creditor's right and the same type of cases.The settlement of the question of confirming the right of the house is not unified in the objection of the outsider in the case involving the house;The connection between the objection of an outsider in a house-related case and the objection of an outsider in execution is not smooth;The facts of the case are complex and the identification standards are inconsistent.The third part,based on the author's view of trial practice,mainly analyzes the causes of many problems in practice trial,including the inconsistency of legal norms,different interpretation of the judge's law,incomplete review of execution objection,non-standard execution behavior and other reasons.The fourth part mainly puts forward the solution on the basis of analyzing the causes of the problems,and suggests formulating uniform legal norms,stipulating the same judgment standard,identifying and dealing with the facts of typed cases,and how to deal with the relationship with the housing right confirmation lawsuit.