The Cognizance Standard Of “Enough To Exclude Compulsory Execution” In The Lawsuit Of Objection To Execution By An Outsider

The lawsuit of objection to execution by the outsider is one of the relief means to protect the rights and interests of the outsider.However,the dispute is not related to the correctness of the original judgment or ruling,but only related to the realization of the rights of the parties concerned.In a trial,there may be inconsistencies in the outcome of a trial between similar cases because different judges have different understandings of the provisions of the law,such that opinions differ as to whether an interest can be excluded from enforcement in a given situation,the same case may also be subject to repeated revision on appeal.Therefore,the author analyzes the main points of the judgment on whether the rights and interests claimed by the outsider in the lawsuit of objection to execution can meet the standard of “Enough to exclude compulsory execution”,mainly from the Supreme People’s Court point of view,combine the judgment view of other levels court with the current laws and regulations,find out the key problem of the dispute and unify the judgment standard as far as possible.On the basis of actual cases,the author classifies the types of rights and interests involved in different cases by means of case analysis and Comparative Analysis,and classifies the types of rights and interests disputes into property rights and creditor’s rights,taking ownership cases,ordinary trading cases and equity cases as the main sources of cases,and taking into account the types of cases such as mortgage cases,leasehold cases and other contract cases,through the exposition of the theory and the analysis of the case,whether a certain civil rights and interests can meet the standard of “Enough to exclude enforcement”.In general,real right can be excluded from enforcement,creditor’s rights can not be excluded from enforcement.As to the exclusion of rights and interests in special circumstances,the author will elaborate in detail.In addition to the introduction,this article is divided into four parts.The first part is the research on the basis of jurisprudence,deeply analyzes the causes of the problem from the angle of theoretical research,through the research on the development of the criterion of “Sufficient to exclude compulsory execution”,based on the logic of jurisprudence,through the distribution of the burden of proof and the legal analysis of the validity of rights and interests,we find out the cause of the problem and the key.The second part is the question,the author takes the judicial practice as the foundation,takes the case as the question introduction,this paper sums up the judicial practice of our country,and analyzes the key of the problem according to the current law,in the judgment standard of “Enough to exclude compulsory execution”.The third part is the solution to the problem.Combining the case and theory,the different rights and interests are divided into two categories: real rights and creditor’s rights,and the validity of the rights and interests is classified,divide out more just and practical cognizance standard.The fourth part is the summary to the question.The author tries to sum up his own point of view again with the discussion in the preceding article,and tries to make our country’s judicial practice more uniform in determining whether the rights and interests have reached the standard of “Sufficient to exclude compulsory execution”,with a view to China’s construction of the rule of law to play a certain role in promoting.