An Empirical Study On The Execution Of Objection Lawsuits By Outsiders Involved In Housing Cases

The action of objection to execution by an outsider is an important and indispensable enforcement relief system in judicial practice in our country.It is of great significance to reasonably and effectively protect the legitimate rights and interests of an outsider and prevent the enforcement agency from continuing wrong enforcement.Specifically,the execution objection lawsuits by outsiders with housing as the target account for a large proportion of all the enforcement objection lawsuits by outsiders.Studying how to better solve the problems in the application of the lawsuit against the enforcement objection by outsiders involved in housing cases plays an important role in the effective development of the system and in realizing the balance of interests in the protection of the legitimate rights and interests of outsiders and creditors.Perfection is also very important.Through the statistics of relevant data of such cases and the analysis of typical cases,the article finds out the judicial dilemma faced by such lawsuits,analyzes the causes of the problems from the perspectives of legislation and judicial practice,and aims to clarify objections,establish norms of rights conflicts,and abolish them.The pre-procedures,the institutional level of establishing a malicious lawsuit prevention mechanism,paying attention to the implementation of code of conduct,adjudicating following unified standards,and strengthening the prevention of malicious lawsuits from the practical point of view give suggestions for improvement.