Research On The Execution Objection By An Outsider

Enforcement is the country through public power to implement the compulsions established by effective legal documents.Influenced by the value of the efficiency of the implementation process,in order to quickly implement the rights of the applicant executor,and to aovid the debtor to disposal of property crustily,the debtor’s responsible property under most conditions is formally surveyed during execution.However,enslaved to the imperfections of our country’s registration system and the complexity and fluidity of economic activities,it is unavoided that the property which does not belong to the debtor will be carried out as the responsible property.At the same time,in the previous litigation,the court only relied on the evidence materials provided by the applicant and the person subjected to execution,which made it possible to influence the rights and interests of outsiders through social contact.Therefore,special arrangements should be made for the protection of the rights and interests of outsiders in the case,thus resulting in the litigation of objection to the execution of outsiders in the case.Compared with other countries and areas outside China,the litigation system of execution objection by outsiders started late in China.It was first stipulated in the Civil Procedure Law in 2007.After more than ten years of development,the system has been gradually improved and the institutional framework has been preliminarily constructed.However,compared with overseas,the theoretical circle in China lags behind in the study of this system,and the relevant theoretical basis is relatively weak.Moreover,the provisions of relevant laws and judicial interpretations fail to cover all the disputes of this system,resulting in many problems in its actual operation.At the same time,with the rapid development of China’s economy and society,transactions between civil subjects are becoming increasingly complex,and the number of court cases is increasing year by year,which brings great pressure to the court’s judgment and execution.Therefore,it is of great significance to correct improper execution behavior and protect the legitimate rights and interests of case outsiders to perfect the litigation system of execution objection of Chinese case outsiders and solve many problems encountered in the practice of litigation of execution objection of Chinese case outsiders.Based on this,the author deeply studies the litigation system of execution objection of an outsider.The main body is divided into four parts.In the first chapter,the author introduces and summarizes the concept and nature of the litigation system of execution objection of an outsider.Based on the analysis and comparison of four theories,such as the lawsuit of formation,the lawsuit of payment,the lawsuit of confirmation and the lawsuit of remedy,the author proposes to classify the lawsuit as the lawsuit of formation.The author also compares and distinguishes the similar concepts of the lawsuit and the third party’s retrial and the outsider’s application for retrial.In the second chapter,the author introduces and compares the litigation system of the execution objection of the outsiders in Germany,Japan,France and Taiwan region of China of the civil law system.On this premise,the author reflects on China’s system.The third chapter,by sorting out legislation evolution of the outsider execution objection lawsuit in our country,summarizing the present an outsider objection lawsuit system in the existing laws and the corresponding program,and based on the trial data of the court where the author works in the past five years,the author analyzes the current situation of the system and the existing problems such as the redundant pre-procedure,different standards for determining the right of appeal,excessive burden of proof by outsiders,stopping execution affects efficiency and the lawsuit of abuse.Finally,Suggestions on the improvement of the litigation system for the execution objection of an outsider,which should accurately grasp the interests balance between the realization of creditor’s rights and the protection of the rights of an outsider in the case.Based on this principle and the questions raised by the author,five Suggestions on improving the litigation for execution objection of an outsider are put forward.