浅谈案外人异议

Objection of Person Other Than Involved in the Cases

由于我国现行的法律法规对案外人执行异议的提起和审查缺乏必要的监管运作机制,致使案外人提出执行异议的随意性比较大,滥用执行异议的现象也比较突出,而且对个别案外人与被执行人合谋恶意提出执行异议的行为也没有规定相应的制裁措施。这些问题的存在,助长了被执行人抗拒执行、逃避执行的违法行为,浪费了诉讼资源,增加了执行的难度。对上述问题,新修订的民事诉讼法进行了完善。

China's existing laws and regulations lacking of the necessary monitoring mechanism for the system of objection of person other than involved in the cases,result in large cases of arbitrary objection of person other than involved in the implementation cases,the abuse of the implementation objection is also more prominent.Furthermore,there is no related regulations against the malicious collusion that individual person other than involved in the cases with person against who a judgment or order is being executed.The existence of these problems contributed to person against who a judgment or order is being executed to resist the implementation,to avoid the implementation of the law,and to some extent it is a waste of resources,and increased the difficulty of implementation.Therefore,the current Civil Procedure Law revised the provisions of the systems of the objection of person other than involved in the cases.