Determination Rules Of Excluding Compulsory Execution In The Action Of Objection To Execution By An Outsider ——From The Perspective Of Great Wall Construction Group Case

The key point of the review of an outsider’s objection to execution is how to determine "civil rights and interests sufficient to exclude compulsory execution",which is a cross issue between procedural law and substantive law.The discussion and analysis of this matter is the key to the system of an outsider’s objection to execution.Is not in the current our country law and judicial explanation to these situations typed on the civil rights division,there is only a part of the overall general laws or regulations,this brought a lot of pressure to the court execution work,leading to an outsider execution objection lawsuit rights and obligations between the parties in a highly uncertain condition.Rights an outsider to exclude the compulsory execution,needs from the characteristic of rights itself,effect,purpose,method,etc.Various kinds of factor analysis,but in the judicial practice,the problems of the rights of the real situation and have the right of social credibility appearance from each other,the contradiction of the actuality,could not confirm whether the opponent as the holder of the real,At this point,it is not possible to follow the method of appearance of rights completely,and it is also necessary to protect the rights and interests of civil entities enjoyed by outsiders according to the actual situation.This article chose on outsiders execution objection proceeding three more representative of an outsider execution objection lawsuit cases,after finishing,the contents of the case by comparing different level court verdict,summarizes on the outside the execution objection proceeding,eliminate enforcing civil rights and interests of the problems existing in the determination of rules,the cause of problem and its solution And so on.This paper consists of four parts:The first part is the introduction.After introducing the research background and significance of this paper,it then lists the research status of excluding compulsory execution in the lawsuit of outsider’s execution objection,and explains the research methods used in this paper.The second part,starting from three representative cases of an outsider’s objection to execution,summarizes the dispute focus and legal issues of the case through the determination rules of civil rights and interests excluding compulsory execution in the three cases.The third part focuses on the disputes and legal issues listed above.First of all,the legal meaning and purpose of the lawsuit of execution objection are discussed from the outsiders.Then,judging from how an outsider whether has the civil rights and interests in the subject matter of the execution of this,according to this chapter again involved in the case of the "civil rights" several cases one by one,emphatically analyzed expectations right,real right,right to borrow to buy a house and share holding,in the lease problem under different situation.Finally,in view of the balance of interests between the outsider and the applicant for compulsory execution,it is not appropriate to absolutize the doctrine of appearance of rights in the appeal of the outsider’s objection,and the influence of various factors should be considered comprehensively.The fourth part,based on the analysis of the focus of the dispute,puts forward explorative suggestions to improve the identification rules of "sufficient to exclude the civil rights and interests of compulsory execution".