Research On The Problem Of Real Estate Execution Objection Lawsuit

The lawsuit of execution objection by an outsider first appeared in China’s 2007 revised Civil Procedure Law,as one of the important ways for an outsider to remedy his or her rights.In this type of litigation,the cases with real estate as the subject of dispute occupy a considerable proportion.At the beginning of the system,there were no substantive laws and regulations for it,and when an outsider sought to exclude the court’s execution by means of a lawsuit against execution,the court usually tried the case in accordance with the provisions of Article 9 of the then Property Law(which has now been incorporated into the Title of Property of the Civil Code);on the contrary,the Supreme People’s Court paid special attention to this issue from the perspective of execution procedures and issued a series of relevant judicial interpretations,which clarified that The outsider has the right to exclude the court’s investigation and execution when certain conditions are met;among them,the most frequently applied and most concerned are the Provisions on Several Issues Concerning the Handling of Cases of Execution Objection and Reconsideration by the People’s Courts(hereinafter referred to as the Provisions on Execution Objection and Reconsideration).However,in reality,judges hearing this type of cases reveal the systemic conflict of existing legal norms,the duplication of prior procedures,the unclear subordination of rights,and other possible obstacles in practical operation.This phenomenon may be contrary to the original purpose of the system,which is not conducive to the protection of the legitimate rights and interests of outsiders to real estate,and may also have a negative impact on the fairness of the case,the credibility of the judiciary and the role of legal guidance for citizens.In this paper,the author firstly,from the basic principle of the lawsuit against the execution of real estate,the special positioning,structure and main types of cases of this type of litigation is briefly summarized;secondly,the statistics of the cases of the lawsuit against the execution of real estate in the past six years,and based on the several situations that often occur in this type of cases are sorted out typical cases,the observation of the macro case data and the comparative analysis of specific cases,found that This kind of case in the reality of the trial there is frequent malicious collusion,case type is complex,the case after multiple trials,the trial results vary greatly and the parties abuse the right to sue and other current situation;then focus on the collation and analysis of the real estate field implementation of the objection of the lawsuit in the system design level and the practical operation of the problems and obstacles;finally,for the system of the real problems,the author again on the main law and key legal articles On the one hand,from the system design,to further optimize the implementation of the objection review provisions of Article 28,to clarify the objection to the cause of action,the construction of a unified nationwide conflict of rights rules,abolition of the pre-emptive procedures,appropriate to raise the threshold for the filing of the lawsuit;on the other hand,from the practical point of view,such as the unification of the court hearing basis,improve the quality of court implementation and strict punishment of collusion.The other hand,from a practical point of view,such as unifying the basis for court hearings,improving the quality of court enforcement and strictly punishing collusion.