A Study On The Type Of Civil Rights And Interests Excluding Compulsory Execution

The civil rights and interests which are enough to exclude the compulsory execution,as an extremely important intermediate link in the lawsuit of objection of execution by the outsider,should be paid more attention to.However,due to its intersection of substantive law and procedural law,the theoretical research in many academic circles is not sufficient.Civil rights and interests are also very different in practice.The essence of whether different civil rights and interests can be excluded from compulsory execution is the value judgment of substantive law.Therefore,this paper does not involve the discussion of relevant issues of procedural law.It only aims at the emerging different rights and interests in the sense of traditional civil law and in practice to explore whether they can be excluded from compulsory execution.The purpose of writing is to analyze whether different civil rights and interests can be excluded from enforcement,and get clear judgment standards,so as to guide judicial practice.This paper first introduces the research status of this problem.Then,starting from our country,it analyzes the current provisions and deficiencies of civil rights and interests excluding compulsory execution.Then it further introduces the detailed classification of civil rights and interests in Germany,Japan and Taiwan.On the basis of the above foreign regulations,it is roughly divided into "rights" and "rights and interests",and the basic classification of civil rights and interests is carried out in accordance with the order of "general principles of civil law of the people's Republic of China",to explore whether the rights and interests of its branches can be excluded from enforcement,and to roughly define the general situation of real rights including ownership and co ownership(special attention should be paid to acquisition in good faith and special circumstances The compulsory execution can be excluded,such as the usufructuary right under the form),the security right under the special circumstances,the debts of several special contracts,the debts of personal infringement,the stock rights of dormant shareholders,the intellectual property rights under the special circumstances,the joint ownership due to the right of inheritance,the factual state of possession,and the right of expectation.Finally,we try to find out what kind of civil rights and interests can be excluded from enforcement,that is,to make abasic judgment on the type of civil rights and interests first,and then to make a further judgment on the priority of protection,not only from the perspective of the protection of the rights and interests of non litigants,but also from the perspective of the reasons for the enforcement of creditors' application and the different stages of enforcement,so as to give priority to the protection of relevant rights and interests Measure.In addition,it should also be noted that the exception protection of certain rights and interests by law should not be violated...