The Alienation And Direction Of Execution Of Objections By Outsiders

As an important part of the execution relief system in the Civil Procedure Law of our country,the action of objection to execution is quite complex and systematic,especially the action of objection to execution by the outsider.As a kind of relief measure to solve the disputes of substantive rights and safeguard the legitimate rights and interests of non litigants,the action of objection to execution by non litigants undoubtedly has very important legal value and practical significance.Although the new civil procedure law and the supporting judicial interpretation of the execution procedure have formed the basic procedural rules for the action of dissent from the execution of the outsider,there are still many deep-seated systemic problems to be solved.Based on the logic of finding,analyzing and solving issues,this paper tries to to discuss the alienation tendency of the system of objection litigation at present,analyze and reflect on the system,standard and practice of the action of dissent executed by the outsider,and finally put forward the basic idea and specific thinking of the turn of the action of dissent executed by the outsider.The first part makes a genealogical study of the system of executive remedy and the system of relief by the outsider,and makes a distinction and comparison between the action of objection by the outsider and other relief procedures in the system,and then finds that the action of objection by the outsider lies in the intersection of the two relief systems,which is the basic orientation of the core procedure of the system of relief by the outsider,and from the perspective of procedural relationship.The dimension reexamines its norms and practices,and leads to the institutional alienation phenomenon of the action of dissent by the outsider.The second part focuses on the alienation of the action of dissent.First of all,through the combination of the investigation of typical cases and the analysis of the overall data,this paper points out that there is a deviation phenomenon between the high growth rate of cases and the low winning rate of the current cases of the execution of dissent by outsiders;then,it sums up the difficulties faced by the parties and the court respectively around the key subjects of the system in practice,and points out the "confrontation" Dilemma and the court face faced by the parties.The dilemma of balance.The third part reflects on the system,norms and practice of the action of dissent.First of all,it points out from the system level that the current implementation of relief system costs too much,the value of the lawsuit against the implementation of dissent by the outsider and the nature of the lawsuit are not clear,which cause the alienation of the system;secondly,it points out from the normative level that there is no unified way to deal with the newly confirmed lawsuit and no clear judgment standard for the conflict of substantive rights,which cause the objective obstacles;finally,it points out from the practical level that there is no regulation.To some extent,the action of litigation and the procedure to be optimized also affect the operation of the action of dissent.The fourth part focuses on the future direction and optimization of the action of objection.First of all,from the basic theory of law and economics to determine the basic idea of dealing with the dilemma of the lawsuit of the execution of objection by the outsider;then,under the framework of the basic idea,to seek a breakthrough path from the three aspects of procedure and technology.