The Study Of "the Civil Rights And Interests That Are Sufficient To Exclude Compulsory Execution" In The Execution Objection Lawsuit Of The Outsider

In the field of enforcement,the case of the outsider's execution of the objection is a system that has been repeatedly discussed.“A civil right that is sufficient to exclude enforcement” is an important node that can raise the case of the outsider's execution of the objection,so it is executed by the outsider.Issues that should be focused on in objections.Based on current legislation and judicial practice.China's legal and judicial interpretations do not explicitly list the types of civil rights that are sufficient to exclude enforcement of the objection to the outsiders.There are only general rules and some guidelines,which provide procedures for the courts to enforce procedures.The work caused great troubles and increased the uncertainty of the relationship between the rights and obligations of the executor,the executor and the outsider.The reason for exploring the above problems is because the Civil Procedure Law,the Property Law and other departmental laws,the judicial interpretation of the Supreme Court,and the guiding opinions of the provincial high courts lack the consistency criteria in the specific regulations.The conflicts in the ranks,in turn,cause confusion in the applicability of the law and the predictability of the referee.In the case of an objection to the case,the type of “civil rights that is sufficient to exclude enforcement” is broader,including ownership of ownership,security interest,usufructuary rights,possession,and special claims.The extensive provisions of the current law are enforcement.The actual work of the court creates uncertainty and makes it difficult to guide the execution of the court's trial work and execution.The purpose of this paper is to make a list of “civil rights that are sufficient to exclude enforcement”,to enhance its reference,so that it can guide the judicial practice and improve the implementation of the theory.Finally,in addition to the type analysis on the basis of the above,combined with the status quo of judicial practice in China,the trade-off between malicious procrastination and legitimate maintenance rights to obtain the most optimal justice and efficiency is also the attempt of this paper.This article makes a list of explicit enumeration analysis of the types of “civil rights that are sufficient to exclude enforcement”,and makes a horizontal comparison reference through the comparative method,and constructs and standardizes the criteria for judging “enough to exclude mandatory civil rights”.The principle of its holistic nature will be provided,which will help to improve the implementation of the relief system for outsiders and solve problems in judicial practice.