On The Review And Judgment Of The Outsiders Objection And The Objection Lawsuit

Outsiders Execution Objection System has played a pivotal role in safeguarding the legitimate interests of the outsiders and the applicants,balancing the fairness of the cases and the efficiency of execution since been enacted in the Civil Procedure Law of 2007.However,as a system that has only been in operation for more than ten years,there are still many places that need to be improved and developed.Especially in the review of judgment rules,there are cases of lack of review and judgment rules,unclear application of laws,and different judgments in the same case.Therefore,through the case analysis,the method of legal hermeneutics,the use of existing laws and regulations and judicial interpretation,combined with relevant legal principles and judicial precedents,focusing on real estate review,this paper summarizes the review rules of the outsiders execute the objections and objections lawsuit which is to determine whether the outsider has the right to exclude the enforcement effect in different types.This article mainly includes four important parts:The first part:submit questions.The main issues discussed in this paper are mainly analyzed through analysis.The second part:the theoretical analysis of the outsiders execute the objections and objections lawsuit.It mainly analyzes the functional orientation and value deviation of the opposition objection in theory.And it lays a theoretical foundation for the following.The third part:the review and judgment rules for the execution of the objection.Through analysis,it is concluded that the outsiders objection has characteristics of authority,efficiency,procedural and preliminary.The fourth part:the review and judgment rules of the Objection lawsuit.In this part,according to the different basis of the rights of the outsiders,the dissent of the case is divided into three types:the actual rights,the nominal rights and the other valid documents.The classification analysis is again conducted under each type to determine whether it has the effect of excluding enforcement and the specific review judgment rules for the interest.