Viewpoint | Objection of an outsider to the subject matter of execution-a lawsuit for execution objection
Published:
2021-12-05
Introduction Today's judicial circles are generally faced with the problem of difficult enforcement, so the state has designed a litigation preservation system to ensure enforcement. However, a new problem arises. What if someone else's property is mistakenly sealed during preservation, or if someone else's property is executed during execution? Since 2007, the civil procedure law of our country has established the lawsuit of execution objection, which is the first time that the legislative provisions of the lawsuit of execution objection appear in our country. The interpretation of several issues in the implementation procedure of the Civil Procedure Law promulgated in 2008 (hereinafter referred to as the interpretation) stipulates the cause, subject of litigation, pre-procedure and other aspects of the lawsuit of execution objection. In 2012, the decision on amending the the People's Republic of China Civil Procedure Law was passed to retain the relevant contents of the lawsuit of execution objection, and only the serial number of the articles was revised until the promulgation of the Judicial Interpretation of the Civil Procedure Law in 2015, we have improved some operational details such as the filing procedures related to the execution of the objection, the gap between the outsider's objection procedure and the service procedure, and with the emergence of each law and regulation related to the execution of the objection, the relevant laws and regulations on the execution of the objection have been continuously improved and developed. The purpose of this paper is to discuss how to provide relief to outsiders in the execution objection suit, with a view to enlightening the reader. Text If an outsider claims ownership of the subject matter of execution or has other substantive rights sufficient to prevent the transfer or delivery of the subject matter of execution, he may object to the enforcement court. In the course of execution, if an outsider raises a written objection to the subject matter of execution, the people's court shall examine it within 15 days from the date of receipt of the written objection, and if the reason is established, it shall rule to suspend the execution of the subject matter; if the reason is not established, it shall rule to reject it. If an outsider or party to the case is not satisfied with the ruling and believes that the original judgment or ruling is wrong, it shall be handled in accordance with the trial supervision procedure; if it has nothing to do with the original judgment or ruling, it may bring a lawsuit in a people's court within 15 days from the date of service of the ruling. During the period of examination of objections by outsiders, the people's court shall not impose sanctions on the subject matter of enforcement. If an outsider files a lawsuit, the execution shall not be suspended during the period of the lawsuit; If an outsider's claim has a reason or provides sufficient and effective guarantee to request the suspension of execution, it may order to stop the disposition of the subject matter of execution; if the applicant for execution provides sufficient and effective guarantee to request the continuation of execution, it shall continue to execute. If an outsider requests to stop execution, requests to cancel the seizure, seizure or freezing, or if the executor requests to continue execution in error, causing losses to the other party, compensation shall be made. Procedure for Objection Subject of objection: outsider Reason for objection: the right of an outsider to claim the subject matter of execution Objection procedure: a written objection to the enforcement court during enforcement Examination of the objection: the court shall conduct the examination within 15 days from the date of receipt of the written objection Results of the review: if the objection is established, the execution of the subject matter shall be suspended; if the objection is not established, the objection of the outsider shall be rejected. Treatment of dissent 1, trial supervision procedures to deal. If an outsider is not satisfied with the execution objection ruling and believes that the original effective judgment or ruling is indeed wrong, he may apply to the people's court that made the original judgment, ruling or mediation statement within 6 months from the date of service of the execution objection ruling. 2, the implementation of the objection to the action. If an outsider or party to the case is not satisfied with the execution objection ruling and considers that it has nothing to do with the original effective judgment or ruling, he may file an execution objection lawsuit with the enforcement court from 15 days from the date of service of the ruling.
Introduction
Today's judicial circles are generally faced with the problem of difficult enforcement, so the state has designed a litigation preservation system to ensure enforcement. However, a new problem arises. What if someone else's property is mistakenly sealed during preservation, or if someone else's property is executed during execution?
Since 2007, the civil procedure law of our country has established the lawsuit of execution objection, which is the first time that the legislative provisions of the lawsuit of execution objection appear in our country. The interpretation of several issues in the implementation procedure of the Civil Procedure Law promulgated in 2008 (hereinafter referred to as the interpretation) stipulates the cause, subject of litigation, pre-procedure and other aspects of the lawsuit of execution objection. In 2012, the decision on amending the the People's Republic of China Civil Procedure Law was passed to retain the relevant contents of the lawsuit of execution objection, and only the serial number of the articles was revised until the promulgation of the Judicial Interpretation of the Civil Procedure Law in 2015, we have improved some operational details such as the filing procedures related to the execution of the objection, the gap between the outsider's objection procedure and the service procedure, and with the emergence of each law and regulation related to the execution of the objection, the relevant laws and regulations on the execution of the objection have been continuously improved and developed. The purpose of this paper is to discuss how to provide relief to outsiders in the execution objection suit, with a view to enlightening the reader.
Text
If an outsider claims ownership of the subject matter of execution or has other substantive rights sufficient to prevent the transfer or delivery of the subject matter of execution, he may object to the enforcement court.
In the course of execution, if an outsider raises a written objection to the subject matter of execution, the people's court shall examine it within 15 days from the date of receipt of the written objection, and if the reason is established, it shall rule to suspend the execution of the subject matter; if the reason is not established, it shall rule to reject it.
If an outsider or party to the case is not satisfied with the ruling and believes that the original judgment or ruling is wrong, it shall be handled in accordance with the trial supervision procedure; if it has nothing to do with the original judgment or ruling, it may bring a lawsuit in a people's court within 15 days from the date of service of the ruling.
During the period of examination of objections by outsiders, the people's court shall not impose sanctions on the subject matter of enforcement. If an outsider files a lawsuit, the execution shall not be suspended during the period of the lawsuit;
If an outsider's claim has a reason or provides sufficient and effective guarantee to request the suspension of execution, it may order to stop the disposition of the subject matter of execution; if the applicant for execution provides sufficient and effective guarantee to request the continuation of execution, it shall continue to execute. If an outsider requests to stop execution, requests to cancel the seizure, seizure or freezing, or if the executor requests to continue execution in error, causing losses to the other party, compensation shall be made.
Procedure for Objection
Subject of objection:Outsiders
Reason for Objection:The right of the outsider to claim the subject matter of the execution.
Objection Procedure:Written objections to the enforcement court during enforcement
Review of objections:The court shall conduct a review within 15 days from the date of receipt of the written objection
Review results:If the objection is established, the execution of the subject matter shall be suspended; if the objection is not established, the objection of the outsider shall be rejected.
Treatment of dissent
1, trial supervision procedures to deal.
If an outsider is not satisfied with the execution objection ruling and believes that the original effective judgment or ruling is indeed wrong, he may apply to the people's court that made the original judgment, ruling or mediation statement within 6 months from the date of service of the execution objection ruling.
2, the implementation of the objection to the action.
If an outsider or party to the case is not satisfied with the execution objection ruling and considers that it has nothing to do with the original effective judgment or ruling, he may file an execution objection lawsuit with the enforcement court from 15 days from the date of service of the ruling.
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