| In civil enforcement work,executives often judge property ownership from the appearance of the property and the appearance of rights and decide whether to include this part of the property in the scope of execution.Judgment of property ownership based on the appearance of property is likely to result in misjudgment resulting in improper execution of someone else’s property.In view of this,in our country’s civil litigation system,the lawsuit against the execution of an objection by an outsider has been established,and it is expected that this will prevent the court from improperly performing and achieve relief for the legitimate rights and interests of the outsider.In short,the original intention of the system for the execution of an objection by an outsider is to provide a relief channel for outsiders whose legal rights and interests have been damaged due to civil execution.However,a careful examination of the operating process and effectiveness of the system of enforcement of objections by outsiders in our country,it is not difficult to find that the system still has certain shortcomings and deficiencies,which have hampered the realization of its value goals.To this end,this article intends to use three representative cases of outsiders to execute objections,from an empirical perspective,to find out the problems and causes of the system of outsiders to execute objections,to try to find solutions and paths to the problems,and to propose feasible suggestions for improving the system.This article is divided into three parts:The first part: introduce the cases and use the cases to reveal the problems existing in the implementation of the dissent system.Specifically,based on the introduction of the basic merits of the three cases,by observing the court’s basic work flow for handling such cases,investigating the work priorities and adjudication methods and reasons of judges at different stages of the process,and finding out the psychological recognition of the application of exclusionary enforcement standards Knowing the situation and so on,it is deduced that there are problems of pre-procedures for performing objections in the litigation system for the execution of objections by outsiders,issues of judgment standards of “sufficient civil rights to enforce enforcement”,and the issue of the burden of proof for outside parties to perform the objections.The second part:analyze and demonstrate the above problems.In this part,the demonstration work is carried out progressively,mainly from the form of the problem,the cause of the problem,and the consequences caused in judicial practice.The first is the pre-procedure issue.The problem of pre-procedures for the execution of an objection by an outsider is that at the beginning of the procedure,the system designer lacked sufficient system considerations and investigations of judicial practice,which led to the existence of pre-procedure design itself,such as the lack of scientificity of relevant regulations,The actual reviewer does not have the deficiencies such as objection review qualifications.In addition,pre-procedures are often in the form and fail to give full play to their due effects,which affects the realization of the judicial high-efficiency value goal.It can be said that the establishment of pre-procedure has deviated from the original intention of the design of the litigation system for execution of objections by outsiders.The second is the issue of the criterion for "enough to exclude mandatory civil rights".On the one hand,the law does not effectively define the "civil rights and interests" of an outsider who filed a lawsuit against the implementation of the objection.The benevolent sees the wisdom and the wisdom,leading to confusion in the application.On the other hand,the law lacks clear provisions on the "enough to exclude compulsory execution",which mainly relies on the judges’ psychological evidence,resulting in the fact that the standards are not unified.Therefore,different judicial decisions in the same case have damaged judicial credibility.The third is the issue of the burden of proof for the outsider to execute the objection.The lack of reasonable provisions in the distribution of the burden of proof and the lack of interpretation by judges in the process of proof have hindered the full functioning of this relief system.The third part: In light of the causes of the problem,combined with the characteristics of China’s civil litigation and adapting to local conditions,put forward feasible suggestions to improve the execution of opposition cases by outsiders.First of all,in view of the problems of the pre-procedure,it is proposed to set up a special execution opposition review department,clarify that the examination period is 30 days,and set the hearing procedure as a necessary procedure.Secondly,on the issue of the criterion of "enough to exclude mandatory civil rights and interests," it is proposed to type civil rights and interests.Finally,with regard to the burden of proof of the execution of an objection by an outsider,it is proposed to establish the standard of burden of proof and to improve the relevant provisions on the exercise of the right of interpretation. |
