Research On The Lawsuit System Of Execution Objections By Outsiders

In our country,the system of objection to the execution of the outsider started relatively late,and some theoretical research and legal norms on the system are not comprehensive enough,especially some provisions on the prosecution period,jurisdiction,subject matter and pre examination of the action of objection to the execution of the outsider still have problems.There are many problems in the legislation system,which make the content of legal norms vague and incomplete,and then lead to the confusion of the judicial practice.In the judicial practice,the rights and interests of the outsider are damaged due to the execution.There are many reasons.For example,the provisions on the cause of action of the execution objection of the outsider in the legislation are not clear,which results in that the rights and interests of the outsider cannot be fully protected.In this context,the thesis studies the litigation system of the execution objection of the outsider.The paper is divided into four chapters.The first chapter analyzes the concept,characteristics and functions of the action of non case execution objection,and establishes the theoretical basis for the study of the action of non case execution objection.The second chapter uses comparative research methods to analyze the foreign countries’ regulations on the action of non case execution objection and related systems,and then studies the non case execution objection in China The third chapter introduces the legislative background and the current situation of the lawsuit of the execution of objection by the outsider in our country.The judicial situation is analyzed by the judicial documents in the past five years.It is concluded that there are some problems in the legislation,such as unsuitable prosecution time limit and jurisdiction,unclear reasons,too complicated pre-examination,etc.in the judicature,it is mainly to summarize the abuse of litigation rights and the inconsistency of the expression of judgment documents.In the fourth chapter,the author puts forward some suggestions for the improvement of the problems raised before.In the legislation,the prosecution time limit should be extended to the execution first From the start of the procedure to the termination of the execution procedure.In addition to the court of enforcement,the court of jurisdiction has separate provisions on the cases of real estate enforcement and the special cases that need to be submitted to the superior court and the designated court.In addition to the ownership,it should also include the usufructuary right,the pledge right,the lien right and the intellectual property right in the real right of security,and cancel the pre examination procedure of the action of objection.In the judicial aspect,we should build an effective mechanism to prevent the abuse of rights and unify the expression form of the judgment documents as "to cancel the sealing,seizure,freezing and auction of the subject matter of execution.".