An Empirical Study Of The System Of Enforcement Objection By Outsiders

As an important judicial remedy for outsiders to seek legal assistance,the system of enforcement objection has been structured and practiced as a key system for safeguarding the substantive and procedural rights and interests of outsiders in civil litigation.The lawsuit system of the outsider execution objections,which is nurtured in the soil of socialist rule of law with Chinese characteristics,has its unique design concept and design environment.Faced with the continuous changes in China’s main contradictions and the continuous development of China’s judicial environment,in the process of building a socialist rule of law with Chinese characteristics,China is constantly revising and improving the theoretical framework and detailed provisions for the execution of lawsuits by non parties.Under such a legislative background,facing the problems arising from the application of the system of action of dissent to the execution of an outsider in judicial practice,how to correctly match the application of the law and judicial interpretation,so as to give play to the legislative purpose and original intention of our country’s action of dissent to the execution of an outsider,truly play the role of protecting the legitimate civil rights and interests of the outsider,maintain the normal operation of judicial order,and make judicial application more efficient and convenient,The realization of the beautiful vision of forming a socialist rule of law society with Chinese characteristics is a difficult problem that needs to be solved and broken through urgently at the current stage when outsiders execute objections.This paper starts from the judicial practice of the system of outsider execution objection,through empirical research,using literature research method,case analysis method and comparative research analysis method,combined with graphical analysis and data summary,in the specific empirical research summarizes the following problems in the application of the system of outsider execution objection: First,the actual utilization rate of the system of outsider execution objection is low,the actual effect of maintaining rights and interests is poor,and The initial design of the purpose of the original gap.Secondly,the protection effect of the system of outsider execution objection is poor.Third,due to the high cost of outsiders’ rights,the difficulty of the burden of proof and the non-cooperation of the applied executor leads to the difficulty of the application of outsiders’ enforcement objection.Fourth,the implementation of the outsider’s objection to the poor independence of the procedure,and the third party revocation of the lawsuit,the original retrial procedures and the application of the confusion and articulation difficulties.According to the problem,the proposed improvements include: eliminating the obstacles to the realization of the right to sue,fully protect the rights and interests of the outsider,reduce the cost of the outsider’s lawsuit and eliminate the conflict in the design of the system of the outsider’s enforcement objection to enhance the independence of the system of the outsider’s enforcement objection.Through the above research,the aim is to provide assistance for judicial practice to better adapt the system of objection to execution by outsiders,truly protect the legitimate civil rights and interests of outsiders in judicial application,and promote the system of objection to execution by outsiders to play its due role in the process of socialist rule of law with Chinese characteristics.