Research For The Typology Of The Rights Which Can Exclude The Enforcement

People who have civil rights sufficient to exclude enforcement can bring a lawsuit.According to the Interpretation of the execution procedures of the Civil Procedure Law of the People 's Republic of China,the reason for the objection of the outsider is the claim of ownership of the subject Or other entity rights that are sufficient to prevent the execution of the transfer and delivery of the subject matter.The interpretation of The Civil Procedure Law of the People's Republic of China doesn't define the civil rights sufficient to exclude enforcement."Civil rights sufficient to exclude enforcement" is the difficulty of the trial of the objection of the outsider.The trial of the objection of the objection of the outsider is mainly around "what rights and interests does the application executor enjoy","what rights does the outsider enjoy","" Can the interests of the applicant exclude the rights of the executor of the application? Regrettably,China 's laws and judicial interpretations only provide a summary of the rights,and do not enumerate the specific types.Some courts try to stipulate “civil rights that are sufficient to exclude enforcement”,but the guidelines vary from place to place.This article will be discussed in four parts:The first part is about the current status and characteristics.There are gaps and contradictions in current laws,which lead to difficulties in trials.It's wrong to treat the rights as a requirement for prosecution.Such civil rights and interests exist objectively in the substantive law and have the same function as the exclusion right in the bankruptcy law.According to the structure of the suit,the rights should be an essential element of litigation.The second part is a study on the types of real rights that are sufficient to exclude the enforcement.It includes ownership?security rights and usufruct.In determining ownership,the ownership cannot be reviewed simply based on the appearance of the rights and formalism.Co-ownership and retention of ownership can also rule out enforcement,but there are exceptions to good faith acquisition.Under certain circumstances,the security rights can exclude enforcement.The usufructuary right has the power to possess,use and benefit,and can become a civil right sufficient to exclude enforcement.The second part is a study on the types of creditor's rights that are sufficient to exclude the enforcement.In principle,creditor's rights cannot exclude enforcement,because of the equality and relativity.The determination of the priority of the creditor's right needs to be directly stipulated by law,or the judge shall measure the interests in each case.Special rights such as the right to lease,the right to expect real estate rights,etc,is an exception.The fourth part is how to judge rights that are sufficient to exclude enforcement.Firstly,determine the ownership status again to avoid errors in the Previous program.Secondly,review the types of rights and interests of outsiders.The procedural requires four principles.Third,review the exclusion effect of the rights.The review of exclusionary effectiveness should be based on substantive law,which cannot violate the principle of priority,and also requires judges to measure various factors in individual cases.