Research On The Procuratorial Supervision Of The Execution Objection Lawsuit By The Third Part

The supervision of the prosecution of the enforcement of objections by outsiders is the legal supervision carried out by the procuratorial authorities with the enforcement of objections by outsiders as the object of supervision.There are three forms of supervision of the prosecution of the lawsuit against an outsider’s execution objection: supervision of the prior objection procedure,supervision of the trial procedure,and supervision of the trial result.Accordingly,there are different supervision methods such as non-re-trial prosecutorial suggestions,anti-suit and re-trial prosecutorial suggestions.The special nature of the supervision of the enforcement objection of outsiders is reflected in the special nature of the supervision object and the special nature of the supervision purpose,which constitutes the fundamental reason for this paper to discuss the supervision of the enforcement objection of outsiders.The supervision of the trial results is the focus of the prosecution supervision of outsider enforcement objections;in practice,the application for prosecution supervision of the trial results of outsider enforcement objections is more common,and more representative of the characteristics and problems of the prosecution supervision of outsider enforcement objections.In order to make the study more relevant,this paper takes the trial result-based supervision as a sample to observe the practice of prosecutorial supervision of outsider enforcement objections.After analyzing and studying specific instruments,it is found that the overall supervision of the enforcement objection lawsuit by outsiders has the characteristics of high incidence of supervision,high level of supervision,concentrated supervision reasons,type of supervision matters,unified supervision standards and low quality of supervision.Further,by examining the focal points,adjudication process and supervision of typical cases from the perspective of cases decided by Article 28 of the Regulations on Objection Review,it is found that there is a sharp conflict and collision between courts at all levels and between courts and prosecutors on the four elements of the right of expectation of no-fault real estate buyers to exclude enforcement as stipulated in Article 28 of the Regulations on Objection Review.In the practice of procuratorial supervision,the procuratorial authorities and the judiciary in the factual determination and application of the law are greatly divergent and ineffective in the supervision dilemma.The lack of unified rules for resolving the conflict of rights in the enforcement of outsider objections and the effective mechanism for regulating sham lawsuits in the enforcement of outsider objections;the "awkward" status of the supervisor,the supervisee and the supervisor have "competing interests";the civil prosecution manpower of the procuratorial organs The systemic reasons,external reasons and internal reasons for the ineffective supervision of enforcement objections by outsiders are,respectively,the inadequate guarantee of human and intellectual resources.The precise implementation of case supervision,in order to reduce the confrontation between the law and the prosecution in the supervision of outsider enforcement objections,unify the rules of adjudication of outsider enforcement objections;fully use the power of investigation and verification to regulate the sham litigation in the enforcement of outsider objections;strengthen the human and knowledge resources of the civil prosecution of the procuratorial organs,is to improve the supervision of the prosecution of outsider enforcement objections three ways in.