Research On The Application Of Execution Objection Lawsuits By People Outside The Case In My Country

The system of objection to execution belongs to one of the relief procedures in the civil procedure of our country.It is of great significance to protect the legitimate rights and interests of applicants,standardize the implementation process and supervise the implementation mode.The objection system of the non litigant specifically refers to the litigation request that the non litigant,based on certain right to the subject matter of execution,can block the court's compulsory execution,and then put forward to the execution court to make the subject matter of execution no longer be executed.Because of its late start and slow development in China,the system has its unique side.But at present,there is a huge controversy about the nature of the system in the academic circles.Some scholars think it belongs to the action of formation,some scholars think it belongs to the action of confirmation,and the debate is endless.At the same time,in China's judicial practice,due to the inaccurate nature of the academic community,different theoretical schools have a profound impact on various judicial fields.In addition,there are many problems in China's civil litigation,such as complex legal relationship,large number of litigation cases,and different levels of people's courts' understanding and implementation of the system.There is a lack of a unified understanding category and implementation scale Factors together lead to serious deviation in the application of the objection system in various courts,so the understanding and implementation of the system in the current legal practice and theory there are many improper implementation and implementation disputes.For example,due to the different understanding of the nature of dissent action in practice,the same case is judged differently,confused with retrial,the mechanism of pre examination is unreasonable,and the distribution of burden of proof in special system cannot be relied on.Such a situation not only makes it difficult for the court to execute,but also makes the parties unable to feel the fairness and justice in the case.In order to solve this problem,first of all,the theory and practice must be unified,second,the system of pretrial procedures and the distribution of special burden of proof should also be set up reasonably,and finally,the system of retrial and objection should be used correctly in the application of law,so that the boundary cannot be confused,leading to the phenomenon of different judgments of the same case.Therefore,in combination with the way of big data analysis,the author comprehensively cited a variety of cases,referring to the current judicial practice,to analyze the existing shortcomings of China's objection system.In addition,the differences between practice and theory can be pointed out in the analysis cases,and the reasons for the current problems can be explained objectively by using charts.So that can make use of case analysis in the article,data query of the objective of our country current system proposed explicitly define an outsider v.raise objection,the properties of specification lead review mechanism,the reasonable distinction v.raise objection and the procedure for trial supervision,refined,the burden of proof allocation procedures,clear abuse of the imputation principles of execution objection litigation right and responsibility and so on several big perfect measures.