The Study On Substantive Right Protection Requirement Of Case Of The Outsider’s Dissent In Civil Enforcement

Case of the outsider’s dissent in civil enforcement is the substantive relief channels and systems for the third party outside executive legal relations against the improper implementation ofexecutive body.On the study of case of the outsider’s dissent,our scholars lack of thesystematical thinking and combing to the cause or reason wining lawsuits for a case of the outsider’s dissent.It is difficult to provide sufficient theoretical support for the judicial practice of thecase of the outsider’s dissent.First,the author analyzes the reasons of the dissenting action.In this paper,the substantive elements of the protection of rights as an introduction,through the protection of the substantive elements of the theoretical basis for the conclusion,which focused on the contents of the elements and review of the study,that is,what kind of entity rights of outsiders can be ruled out how to judge the existence of these rights and how to judge these rights can have the effect of eliminating the specific enforcement.In addition,the author also points out that the current system of the protection of the rights of the object and put forward some perfect suggestions from the legislative and judicial perspectives.This paper consists of two parts: the text and the conclusion.Which the body consists of five parts:The first part introduces the notion of the right to protect the elements of the objection.Through the observation of the third-party dissenting lawsuit against our country and the legislation of dissenting cases in our country,and with the help of the stage structure of the civil litigation trial and the analysis tool of the right of appeal,the general provisions of "(or possess)the right to prevent the assignment " or " on the implementation of the subject has sufficient to exclude the enforcement of the right " in the theory of rights protection on the substantive elements to ask questions,to carry out the analysis of the contents of the following.The second part analyzes the theoretical basis of the protection of the rights of the requirement.From the two major aspects of litigation object and litigation purpose,the nature of litigation and the object of litigation,the author puts forward the theory of right of claim,which is still meaningful in terms of the object of this article.As a matter of priority and may be amended by means of other litigation theory.The objection of the procedural objection is the theoretic basis of the protection of the right of the object in the object of objection.The third part introduces the content of the protection of the rights of the requirement.In the case of the dissenting case,the existence of the substantive right in the plaintiff’s claim is the reason and the concrete content of the object of the action.This paper mainly discusses the following several kinds of substantive rights and their specific situations: ownership,usufructuary right,security interest,real right,natural property right,possession,creditor’s right and real right expectation right,including ownership,transfer ownership,post-seizure transfer ownership,transfer ownership,retention of ownership,and so on.The fourth part summarizes the review rules of the protection of the rights of the requirement.In a specific case,the plaintiff has the right to claim,and the right of the claim can be ruled out unrestricted enforcement,the court still pending on the substantive protection of the rights of the elements of the law necessary investigation.From the review point of view,the substantive elements of the protection of the elements involved in the trial should be applied to the substance of the debate should be applied,and should pay attention to its burden of proof,review the scope and order of the question;from the examination standards,the fact standard should be applied in principle,with the exception of the conditional exception applies;on the principle of review,should adhere to the three specific principles,the principle of interest measurement and protection of relief principles.The fifth part summarizes the inadequacy of the system of protection of rights in the case of the protest against the offender in our country and gives some concrete suggestions.By analyzing the normative text on the protection of substantive rights or objection,the author holds that there are mainly legal position and effect embarrassment,the difference of normative form is large and the application area such as the introduction of a special supreme court judicial interpretation(add proposed draft),in the basic law to supplement the objection to the case of the objection to the protection of the elements of the principle of the provisions of the rights of the elements as well as to assist the relevant substantive trial work in the form of a guiding case.