The Study On The Classification Of Civil Rights And Interests Enough To Exclude Compulsory Execution

In 2015,the interpretation of the civil procedure law stipulates that the rights claimed by the outsider in the action of objection to execution are sufficient to exclude the civil rights and interests of compulsory execution.And the determination of the civil rights and interests sufficient to exclude the enforcement has become the focus of the case trial.It is a highly concise legal concept to exclude the enforcement of civil rights and interests.It’s connotation and extension are very rich,so it is difficult to understand and apply it.However,at present,there are only general provisions in China’s legislation,which are not clear enough to exclude the types of enforcement of civil rights and interests.This leads to the different types of civil rights and interests that hinder the enforcement,and the conditions for excluding the enforcement of each kind of rights and interests are not the same,and even the phenomenon of conflict of judgment results appears.In fact,there are still some differences in the implementation rules sufficient to exclude the enforcement of civil rights and interests,which can not fundamentally solve the problem.Therefore,it is urgent to unify the practice of the courts in different regions to exclude the enforcement of civil rights and interests in practice.The research on the types of civil rights and interests of compulsory execution can provide an auxiliary and applicable analysis method for the court to determine whether the civil rights and interests can hinder the enforcement,and solve the problem of identification from the source.This paper takes the problems in the application of the system of civil rights and interests of compulsory execution as the breakthrough point,analyzes the relevant systems of civil rights and interests in Germany,Japan and Taiwan of China,and absorbs the core concept of exclusive enforcement for reference,that is,the exercise of civil rights and interests is substantially impaired,and on this basis,it classifies the civil rights and interests that are sufficient to exclude compulsory enforcement in China.Firstly,it analyzes the type standard of excluding compulsory execution civil rights and interests,and takes the content of litigation claim as the type standard of excluding compulsory execution civil rights and interests.Secondly,it summarizes a set of judgment methods that can be widelyapplied in practice to exclude the enforcement of civil rights and interests,combined with the priority of civil rights and interests,the degree of influence of the enforcement act and other factors to make the determination.Finally,this paper summarizes the typical types of civil rights and interests that are sufficient to exclude enforcement in practice,it includes ownership,usufructuary right,security interest,lease right under special circumstances and creditor’s rights under exceptional circumstances,and analyzes the corresponding conditions of each kind of rights and interests hindering the execution,so as to provide treatment ideas for the court to handle such cases.