An Empirical Study On The Lawsuit Of An Outsider Execution Objection

The lawsuit of an outsider execution objection should eliminate the improper execution behavior,so as to relief outsider and balance the rights and obligations of each executing subject.However,due to the lag of legislation,there is no clear provisions as the basis for the lawsuit of an outsider execution objection by the people’s court,which limits the precision of judicial judgment and the maximization of judicial efficiency.From carry out an empirical study on the outsider execution objection lawsuit,analyzes the problems existing in practice,and summarizes the treatment plan combined with relevant laws and regulations,judicial interpretation and the court’s trial results.Besides the introduction and conclusion,it can be segmented into four parts.The first part is the basic situation of an outsider execution objection lawsuit’s practice in China.Firstly,introduce the concept and nature of the lawsuit,and have a general understanding of it.secondly,the number and types of cases in which outsiders execute objections are large,there are some problems in our trial practice:judgment the suitability of the plaintiff subject in the lawsuit of the outsiders’ objection,unclear provisions on the subject of rights,the criteria for exclusionary execution is multitudinous and the subject matter ‘s ownership is retried in the lawsuit of objection,etc.These problems need to be studied in depth and found appropriate solutions.The second part is the question of the suitability of the plaintiff subject in the lawsuit of the outsider’s objection.In China’s judicial practice,There are many cases that are rejected due to improper identification of plaintiff’s qualification in the lawsuit of an outsider’s execution objection,The court usually takes the direct stake in the case as the criterion to identify the outsider and his litigation ability.secondly,Whether an outsider has the right to implement the lawsuit is also essential for judging the suitability of the plaintiff,the right of enforcement litigation also requires an direct interest in the outcome of the case and the benefit of litigation.The third part is the cause of the execution of objection by an outsider.There are usually two kinds of right bases for an outsider to file an objection to execution,named real right and obligatory right.Real right which can be instituted the lawsuit of outsiders’ execution objection mainly includes ownership,common right,usufructuary right,security right and implicit right.Obligatory right which can be instituted the lawsuit of outsiders’ execution objection mainly includes alteration registration request right,notice registration,leasehold right,real estate expectation right and so on.The fourth part is the procedure of that lawsuit.It mainly includes three parts: the prosecution and acceptance of the execution objection lawsuit by an outsider,the substantive trial of the execution objection lawsuit by an outsider,and the judgment of the execution objection lawsuit by an outsider.With regard to the prosecution and acceptance of the lawsuit of an outsider’s execution objection,the essence of prosecution is that an outsider of the case thinks that the court’s compulsory execution violates the object of substantive rights and then sues after the objection is rejected by the court.The lawsuit of an outsider’s execution objection shall satisfy the following conditions:The subject of the lawsuit is an outsider;The lawsuit shall have nothing to do with the original judgment or order;Should be filed within 15 days of service of the ruling of the court’s objection;The competent court is the enforcement court.The acceptance shall meet the following conditions:A lawsuit shall be filed after the commencement and before the conclusion of the execution procedure;The enforcement act of the court has the actual possibility or direct impact of infringing the rights of outsiders in the case;It is within the scope of acceptance of civil litigation cases;Should be an objection to the object of execution.The substantive trial of the execution objection lawsuit by an outsider mainly focuses on three aspects: whether the outsider is a right holder,The legality and authenticity of the right,Whether the right precludes enforcement.In addition,about whether the court can rehear the tried ownership in accordance with the request of the parties,through analyzing the different ways of dealing among courts,the compromise trial form is obtained.The main purpose of the judgment of an outsider’s objection lawsuit is to judge whether civil rights can exclude compulsory execution,and the cases that are sufficient to exclude compulsory execution and insufficient to exclude compulsory execution are illustrated with examples.