Case Study Of Execution Objections By Outsiders

As an important part of the civil execution relief system,the execution objection lawsuit system of an outsider aims to exclude the court’s compulsory execution of the subject matter and has independent status and procedural value.In 2007,the amendment of article 204 of the civil procedure law of China marked the establishment of the execution objection lawsuit system by an outsider.Since then,relevant legislation and judicial interpretation have refined and improved the system to further guide the practice.However,due to the relatively late start of the execution objection lawsuit system by an outsider in China,many concepts and system design are not mature,and the subject matter,nature and res judicata contained in the execution objection lawsuit by an outsider,so it is inevitable that the legislation is too simple and rough,and the practical operation is disordered.Based on this fact,this paper,from the perspective of the case of second instance of execution objection by an outsider in shaanxi provincial high court and the intermediate people’s court in 2017,introduces and analyzes the case and the judgment,and analyzes the judgment thoughts of each case.At the same time,the concept,conditions,relevant procedures and other basic issues of the execution of objection lawsuit by an outsider are expounded,laying a foundation for further discussion in the following paper.Based on the above case study,this paper describes the theoretical problems related to the execution of objection lawsuit by an outsider and the status quo of legislation and judicial practice,and points out the problems existing in the operation of the system at present.Then,it introduces and analyzes the execution objection lawsuit system of the outsider in foreign cases,and analyzes its reference significance to China through the introduction of the continental law system and the common law system system.Finally put forward the perfect Suggestions of an outsider execution objection suit in China,puts forward an outsider in China from the macro execution objection litigation of the problems existing in the judicial practice,then put forward specific proposals from the microcosmic,make clear the property of an outsider execution objection lawsuit,clear the litigant parties,an outsider execution objection to initiate a an outsider execution objection proceeding for typing.