On The Filing Conditions Of The Lawsuit Of Execution Objection By An Outsider

In 2007,China's newly revised civil procedure law established the litigation system of dissent against execution by an outsider..However,since its confirmation,the filing conditions of the lawsuit have not been clear,leading to great disputes in the filing and acceptance of the lawsuit of execution objection in practice.Based on the analysis of execution objection by an outsider in China and the provisions of the relevant extra-territorial filing conditions,this paper puts forward that the filing conditions of execution objection by an outsider should be improved from the two aspects of entity and procedure.The main content of this paper includes four parts:The first part briefly summarizes the concept and characteristics of the outsider's execution objection lawsuit,and analyzes the theoretical basis of the outsider's execution objection lawsuit.The second part is based on the provisions of the filing conditions of the system of execution of objection by an outsider in our country,and introduces the legal provisions and practical status quo.In China is the third part bring forward an outsider execution objection lawsuit in entity and procedure,the problems of such as unknown entity properties and objection to reason is not clear,procedural objection existence prepositional procedure if there is a need,the prosecution deadline,file organization,censorship and the regulations of the jurisdiction of the courts in 2007,the civil procedure law amendment briefly specifies filed an outsider execution objection to suit the conditions,namely an outsider should reach the ruling on the opposition to a people's court within 15 days.Which marked the our country establish the execution objection to lead to an outsider execution objection lawsuit,complied with the separation of independence of the judicial idea,however,from the point of practical operation,prepositional procedure doesn't seem to reach the ideal goal,but led to a waste ofjudicial resources,delaying execution procedures and the costs of the holder of the rights to increase the adverse effect of prepositional procedure have existence has become necessary to explore an outsider execution objection lawsuit filed conditions first thinking,civilian law has not stipulated the specific case conditions at the same time,in the judicial practice in the filed an outsider execution objection suit is main content of the multifarious,false litigation emerge in endlessly,Outsiders abuse the right to delay the execution of the case is everywhere.The execution interpretation of2008 stipulates the objection cause of the outsider in the case.The core essence of identifying the objection cause is that the outsider must have the ownership of the subject matter of execution or have other entity rights that are sufficient t.At the same time,it provides that the execution court shall be the jurisdiction of the execution court.But as an independent,an outsider execution objection suit is ground of objection only general provisions,the relevant legislation and no judgment standard and the right type of objection for provisions,apply to the court that makes practice the value of which shall be put on record,at the same time,the terms of a case of the provisions of the prosecution deadline for 15 days,not like other civil litigation system there is a special case of the extension,whether should relax prosecution deadline,also is the focus of academic controversy.However,the rules on the subject of jurisdiction are even more ambiguous,which leads to endless problems in the application of dissenting action of execution by outsiders.At the same time,in practice,the number of dissenting cases executed by outsiders has increased rapidly.Therefore,it is necessary to study the filing conditions of dissenting cases executed by outsiders,analyze the existing shortcomings,and put forward my own opinions on the filing conditions,so as to provide ideas for the filing of dissenting cases executed by outsiders in judicial practice.The fourth part puts forward corresponding Suggestions for improvement.This paper holds execution objection should not only take into account the actual situation in China,but also refer to the application of the cause of action of execution objection in civil law countries and regions,and put forward practical and feasible measures comprehensively.