A Study Of Outsiders’ Lawsuits Against Enforcement

As one of the enforcement relief systems,outsiders’ lawsuits against enforcement appeared in the provisions of China’s civil procedure law for the first time in 2007.Although the relevant laws have undergone several amendments,they have not been well complemented,so that there have been many controversial issues in judicial practice.Therefore,this paper takes the system as the research object,and hopes that the study of the system can provide some valuable suggestions for its improvement.Excluding the preface and conclusion,this paper is divided into five chapters.The first chapter expounds the basic concepts of outsiders’ lawsuits against enforcement.The concepts of outsiders,lawsuits against enforcement and outsiders’ lawsuits against enforcement are discussed first.Then,the function of this lawsuit is briefly analyzed,including the function of right relief,the function of right restriction,and the function of resolving contradictions.The second chapter analyzes the legal nature of outsiders’ lawsuits against enforcement.It first introduces the various theories in the academic world,then evaluates each theory,and finally gives the judgment of this paper on the legal nature of this lawsuit.The third chapter discusses the constituent elements of outsiders’ lawsuits against enforcement,including the cause of this lawsuit and thesubject of this lawsuit.The objection of this lawsuit is mainly studied from the perspective of ownership and other rights.The subject of this lawsuit mainly explores the scope of the plaintiff and the defendant in this lawsuit.The fourth chapter analyzes the problems in the process of outsiders’ lawsuits against enforcement.First of all,regarding the issue of jurisdiction,it is clear that the court of trial of the enforcement court has tried this case.Secondly,with regard to the timing of the initiation of this lawsuit,this paper briefly analyzes how to deal with this lawsuit before the execution of the execution of the lawsuit and after the execution of this lawsuit.thirdly,Regarding the objection review process.It first expounds the legislative status of the objection review procedure,and then discusses the disputed issues it abolished.Finally,the issues of trial and adjudication of this lawsuit are analyzed.The issues such as the trial method,trial organization form,trial content,judgment and its effectiveness are discussed separately.The fifth chapter puts forward suggestions on optimizing the procedure for outsiders’ lawsuits against enforcement.First of all,this paper clarifies the specific objections of this lawsuit.Secondly,three suggestions were put forward for the connection between the detailed and confirmed actions.Thirdly,it is proposed to cancel the objection review process and give reasons.Finally,two suggestions weremade on how to establish a mechanism to prevent the abuse of the right to sue after the cancellation of the objection review procedure.The first is to improve the method of payment of litigation costs and the second is to clarify the punishment measures for the abuse of the right to sue.