An Analysis On The Objection Lawsuit Of The Third Party Between Wang And Yang

The objection lawsuit of the third party is an important remedy system in the process of civil execution with the purpose of excluding the enforcement of court.Since the Civil Procedure Law of 2007 stipulated the objection lawsuit of the third party,the judicial practice has summed up many experiences and promoted the improvement of the legislation.However,the objection lawsuit of the third party is still at the stage of exploration and development.Different approaches are applied to solve similar issues during the trial."The objection lawsuit of the third party between Wang and Yang" is a legal dispute caused in the process of enforcement.The focuses of the dispute in this case are whether plaintiff Wang has subject qualification to initiate the objection lawsuit of the third party and whether Wang has the substantive right to exclude the enforcement of the court.Firstly,the subject qualification of the plaintiff is required to identify.The plaintiff of the objection lawsuit of the third party is the person who thinks he has enough rights to exclude the enforcement of the court and claims the right to exclude execution by prosecution.Wang has direct interest with subject matter of execution and believes that the execution of the court infringed Wang’s ownership.Thus,Wang has right to sue as a plaintiff.Secondly,does Wang has enough substantive right to exclude the enforcement of the court?The substantive rights that can exclude enforcement are ownership,usufructuary right,pledge,lien,specific creditor’s rights,leasehold,stock right and so on.Wang only has ordinary creditor’s rights for the subject matter of execution.It is impossible to exclude the enforcement of the court.Lastly,the question of the sue time of the objection lawsuit of the third party.An outsider is allowed to raise an objection only in the process of enforcement.The process of enforcement should be broadly understood,including litigation preservation stage.When Wang sued,the court did not lift the closure of the house,which means the process of the enforcement has not yet ended.Wang has the right to bring the objection lawsuit of the third party.Wang did not prosecute within 15 days from the date of the verdict be delivered.The court should investigate the reasons for Wang’s overdue prosecution and decide whether to dismiss Wang’s lawsuit.