A Study On Issues Of Outsider’s Objection Suit

Issues of outsider’s objection suit,in the execution stage,thinks that the subject matter or related rights of the court execution are related to themselves,and the court enforcement will damage their own rights and interests,so they raise objection to exclude the court enforcement.It is an important system for the outsider to carry out the objection action,but compared with Germany,Japan and other countries,the development is relatively slow.In the application process,there are many problems for both the outsider and the judge.From the typical cases,this paper analyzes and summarizes the current problems of enforcement objection litigation in China,including the existence of disputes on the existence or abolition of the prepositive procedure,the mere formality of the processing and the imperfection of the law,which leads to the accumulation of litigants;the unclear reasons for the court’s compulsory execution lead to the inconsistent results of the cases in different places,resulting in the confusion of the judicial order;it is easy for outsiders in the litigation process Abuse of rights,collusion with the debtor to file false litigation,damage the rights and interests of creditors;in the process of litigation,it is easy to bring the action of confirming rights together,which leads to repeated litigation.In view of the problems existing in the lawsuit of objection to execution by the outsider,and drawing lessons from the advanced experience of foreign countries,this paper puts forward some reasonable suggestions: abolish the prepositional procedure of the action of dissenting execution by the outsider.Since all the proceedings are filed in the end,the litigation burden of the parties and the execution department can be reduced and the litigation procedure can be directly entered;The reasons of objection to the court’s compulsory execution are clarified,including(1)ownership,including state ownership,collective ownership,natural person and legal person ownership and co ownership;ownership reservation;(2)usufructuary right;(3)security interest;(4)lease right;(5)special creditor’s right;(6)intellectual property right;(7)expectation right of real estate property right;(8)legal possession.At present,the guiding opinions given by the local high court are basically the same,but the handling of individual rights issues is not consistent.It is beneficial for outsiders to protect their rights and avoid increasing the burden due to ambiguity in the provisions;it is necessary to improve the punishment mechanism for false litigation,increase the punishment intensity,and implement the system of publicizing the list of dishonesty for outsiders;and clarify the enforcement of objection litigation and right confirmation litigation by outsiders In the case of an outsider’s objection to the execution of the case,it is not allowed to bring another action for confirmation of rights,nor can a lawsuit for objection to execution be filed.