The Perfection Of The Execution Objection System Of House Leasehold

At present,There are a lot of false lease litigation in our country.The root lies in that although the contract law of our country clearly stipulates that "the sale is not the same as the purchase,the sale is not the same The principle of breaking the lease gives the lessee sufficient guarantee of the right to lease,and it also has the legal effect of confronting the third party.At the same time,it also gives the leasehold the right to represent the thing.It is one of the original intention of the legislation to give a certain special protection to the weak lessee from the legal system,but because the principle of "buying and selling can’t break the lease" in the contract law Just made a general provision,there are many provisos,and lack of a series of relevant laws and regulations to fill and adjust,so there are many unpredictable exceptions in the trial practice,in the application process,it is easy to produce the conflict of fairness,justice,order,efficiency,legal principle and reason,which is not only harmful to the stability of the contract,the execution of the contract,the stability and security of market transactions,but also the application of the mortgage has caused incalculable damage.Therefore,I reviewed the cases of real estate objection filed by the executive board in the lawsuit of execution objection,based on the difficulty of execution of the disputes over the leasehold right in the trial practice,and explored the original intention of the intention of the leasehold right of sale in China,so as to suggest that China’s legislation should define the application limits of the subject of the leasehold right of sale,clarify the multiple reconstruction of the creditor’s rights law and the real right law The same and different points,as well as the comparison of the right publicity system in the real right law,establish a relatively complete set of procedural norms integrating the public credit system of the leasehold,the proof standards of the litigants and the burden of proof,and have a set of reference legal basis for the court to judge and review in the trial execution procedure.The handling judge should In order to review the case,we should not only ensure the validity and validity of the lease contract,but also pay attention to the problem of false lease caused by the excessive use of the parties’ rights.