Research On The Difficulties And Countermeasures Of Execution Objections By Outsiders

The action of objection to execution by the outsider is a lawsuit brought by the outsider to the execution court in order to prevent or exclude the enforcement of the object of execution based on the civil rights and interests of the object of execution.With the continuous emergence of difficult and complex cases,there are more or less thorny problems in the application of this system,whether in the process of application of outsiders or judges.Starting from the typical cases,this paper analyzes the practical difficulties in the operation of this system: the unreasonable setting of the procedural prerequisite has added a cumbersome link for the outsider to seek the right relief through the litigation procedure,increased the litigation accumulation of the parties and the cost for the outsider and the parties to realize their rights,and caused litigation delay,which is not only not conducive to the protection of the legitimate rights and interests of the outsider and the parties,but also not necessarily mentioned High efficiency of execution;too short time limit of prosecution is not conducive to the protection of the litigation rights and civil rights and interests of the outsider;the unclear provisions of the cause of action of the outsider make the judge at a loss to hear the case;the applicable standards of the examination and judgment of the real estate entity ownership are not uniform,resulting in different judgment results;the malicious collusion between the outsider and the person subject to enforcement in bringing a false lawsuit hinders and evades the execution The normal execution procedure goes on smoothly,and it damages the legal rights and interests of the executor,which makes the action of the objection of the extrajudicial execution far away from the original intention of legislation,which is to safeguard the legal rights and interests of the extrajudicial and ultimately realize the purpose of procedural justice and substantive justice.Based on the national conditions and the rationality outside the country,this paper tries to put forward the solutions to the practical difficulties of the above-mentioned cases: abolish the procedural prerequisite,and the cases can directly and independently file the execution objection based on the civil rights which are enough to exclude the compulsory execution;reset the prosecution time limit,and the cases should be raised by the outsiders The prosecution time limit of the action of objection to execution is set from the beginning of execution to the end of execution;the cause of action is detailed,and the cause of the action of objection to execution by the outsider is summed up into three categories: real right;creditor's right under special circumstances;expectation right of real right and other civil rights and interests that are enough to exclude enforcement;unification The applicable standards for the examination and judgment of the real estate entity's ownership,the examination and judgment standards for the real estate entity's ownership shall be absolutely applicable to the property law and the principle of publicity and public trust of the real right;improve the punishment and prevention mechanism of false litigation,and the people ' A fine of not less than 10000 yuan but not more than 100000 yuan or a detention of not less than seven days but not more than 15 days.In order to raise the threshold of the action of objection to execution and prevent the false action to the greatest extent,we should add "the guarantee should be provided by the outsider".As for the lawyers who participate in the false litigation,they can provide judicial opinions to the lawyers association or the judicial administrative department,and punish them according to the law of lawyers;as for the judges who participate in the false litigation,they can be punished according to the law of judges.In addition,we can try to set up the system of false litigation dishonest list.