An Empirical Analysis Of The Execution Of Objection By Outsiders In Housing-related Cases

As an effective means of remedy for outsiders in parallel with the outsider’s application for retrial and the third-party revocation action,the lawsuit for enforcement objection by an outsider has attracted the attention of the legal circles as soon as the law is stipulated.Litigation against enforcement by outsiders in cases involving housing accounts for a relatively high proportion of litigation cases in which outsiders enforce objections,and have the characteristics of involving large amounts of objects and complex rights involved.The litigation between outsiders and applicants for enforcement revolves around their rights to the house in question,revealing the conflict between property rights and claims and the priority of priority.The provisions on the enforcement of objection lawsuits by outsiders in cases involving housing are undoubtedly a reassurance to ordinary citizens.However,in practice,there will be a series of common problems such as unclear confirmation of housing rights and unqualified litigation subjects in cases involving housing.From the perspective of the litigation of enforcement objection by outsiders in housing-related cases proposed in practice,this paper analyzes the enforcement objection litigation of outsiders in housing-related cases from both theoretical and practical aspects,and is divided into four parts,in order to help trial practice to a certain extent.The first part,on the relevant theoretical analysis of the enforcement objection lawsuit by outsiders in housing-related cases,through the analysis of the connotation,characteristics,comparison with relevant concepts and the reasons for the objection,there is a clear definition of the lawsuit against the enforcement objection by outsiders in housing-related cases and provides theoretical support for practice.The second part,the analysis of relevant data and typical cases through customs clearance,summarizes that such cases have problems in practice,such as the facts of the case are difficult to ascertain,high appeal rate,different judgments in the same case,abuse of litigation rights,and diversified grounds for objection.The third part,supported by the data and cases of the second part,analyzes the causes of the problem from the institutional and practical levels,among which the causes of the system such as the unclear provisions of the law on the prosecution conditions for the enforcement of lawsuits against outsiders in housing-related cases,the unreasonable design of the pre-procedure,the ambiguity of the law’s provisions on the priority of expectancy rights and winning claims,the lack of unified applicable rules on whether claims can be excluded from enforcement under exceptions,and the causes in practice are the irregular enforcement behavior of law enforcement entities,the different application of law by judges in adjudicating cases,Malicious collusion is difficult to identify,and the execution process is blocked by all parties.Analyze solutions to problems at the institutional and practical levels.At the institutional level,the requirements for filing an action against the enforcement of objections by outsiders in cases involving housing should be clarified,the pre-procedure may be omitted if certain conditions are met,a conflict review mechanism between the expectancy right of property rights and the claim in favor of the lawsuit should be established,and an institutional system from the change of property rights to the competing claims should be constructed,and at the practical level,start from standardizing enforcement behavior,unifying the application of law,establishing a prevention mechanism to block malicious litigation,and strengthening supervision and management of litigation behavior,and put forward their own views.