A Study On The Reasons For Permission To Execute In The Action Of The Applicant For Execution Objection

How to balance the rights and remedies of the executor and the outsider is very important in the lawsuit against the execution objection of the executor,and the core of this is whether the court can correctly identify the reasons for the permitted execution raised by the executor.However,at present,the civil procedure law and the interpretation of the civil procedure law only regulate from the level of relief procedure initiation,and have never standardized the reasons for licensing enforcement in detail.As the core of the operation of the relief procedure,the absence and improper empowerment of the reasons for licensing enforcement will inevitably lead to the adverse consequences that the whole relief activity is difficult to exert its institutional tension.By combing and analyzing the practical operation of the application for enforcement of the enforcement objection lawsuit,it can be found that there are still great differences in the recognition of the permitted enforcement reasons of the application for enforcement of the enforcement objection lawsuit by local courts.Specifically,the existing judicial differences are mainly reflected in the following aspects: first,the scope of the permitted execution cause is not clear in the lawsuit against the execution objection of the applicant;Second,the cognizance basis of court judgment is disorderly,and the phenomenon of different judgments in similar cases is emerging in endlessly;Third,the wrong identification of the reasons for licensing execution and the rejection of the lawsuit resulted in the damage to the rights and interests of the applicant for execution.In view of these current situations,it is necessary to clarify the reasons for the difficulties in identifying the reasons for the implementation of these permits.In the specific improvement measures,it should be improved from three aspects: first,clearly identify the value of the reasons for licensing implementation.The value of the court’s examination of the reasons for licensing enforcement lies in resolving the substantive rights and interests disputes between the applicant for enforcement and the non litigants from the perspective of the applicant for enforcement,and protecting the rights of the applicant for enforcement;The second is to clarify the positive conditions of the reasons for licensing enforcement,refine the identification criteria of the reasons for licensing enforcement according to the three rights enjoyed by the applicant for enforcement in the sample documents,increase the consideration factors of the reasons,bring the urgency of right relief into the scope of the court’s judgment on the necessity of right protection,and strive to achieve the goal of judicial value of the same judgment in similar cases at the result level;The third is to further clarify the negative conditions of the reasons for license execution,so as to promote the standardization of the treatment of the reasons for license execution.Therefore,through the study of the reasons for permission to execute in the application for execution objection and the detailed discussion of the court review rules,we can clarify the positive and negative conditions of the reasons for permission to execute in the application for execution objection.