Research On The Types Of "Civil Rights And Interests That Are Sufficient To Exclude Enforcement"

The system of objection against enforcement has been discussed again and again in both academic and practical.At present,with the revision of the Civil Procedure Law and the introduction of relevant judicial interpretations,the jurisdiction,prosecution,parties,trial procedures and distribution of the burden of proof are basically improved.“Civil rights and interests that are sufficient to exclude enforcement” is the trial standard both in the enforcement procedure and litigation procedure.In the system of objection against enforcement,we must pay attention to what kind of civil rights and interests can exclude enforcement under different circumstances.Combined with the current laws and regulations,as well as judicial interpretations,our country has not clearly defined the type of “civil rights and interests that are sufficient to exclude enforcement”.What can be found are only some general laws and some guiding norms of the High Court.It is precisely because the relevant laws,the judicial interpretation of the Supreme Court and the guiding opinions of each Supreme Court do not give a consistent judgement standard.There is great trouble in the judgment of the court in the enforcement procedure and litigation procedure.And it is also increases the uncertainty of the relationship between the rights and obligation of the person applying for execution,the person subject to execution and the outsider.The types of “civil rights and interests that are sufficient to exclude enforcement” in the system of objection against enforcement include a variety of rights and interest,like usufruct,real right of security,and ownership.At present,there are many uncertainties in judicial practice because the legal provisions are not specific,and the legal provisions on excluding enforcement can not have a good guiding effect on the enforcement and trial work of the court.Through the study of the corresponding types of rights and interests and the consistency of the system,the thesis makes it clear that which civil rights and interests sufficient to exclude enforcement so as to give a good guiding effect to the judicial work of our country and realize the systematicness of the theory of enforcement.In addition,it is necessary to sum up a set of review standards and principles that can adapt to the trial.There are numerous kinds of civil rights and interests in our country.Based on the current situation and practical needs,on the one hand,the thesis tries to use type analysis to divide civil right and interests into two categories:real rights and creditor’s rights.The real rights is subdivided into ownership and,usufruct and real right of security,as well as subdivides creditor’s rights into lease right,advance notice registration and false registration.In order to enrich the theme and fit the reality,the case analysis method is used from beginning to end.At the beginning of the third and fourth chapters,the author quotes a real case respectively and analyzes them at the end of the thesis so that the readers can better understand and master“civil rights and interests that can be sufficient to exclude enforcement”.On the other hand,the thesis summarizes a set of trial methods,trial standards and trial principles in the last chapter to help judges deal with complex and diverse cases in judicial practice.