论案外人执行异议之诉的证明责任

On the Burden of Proof in the Lawsuit of Objection in Outsider Execution

案外人执行异议之诉作为保障案外人合法民事权益的主要诉讼类型之一,具有举足轻重的作用。但这类诉讼由于对案外人的证明责任要求过高等问题,在很大程度上直接导致大多数案件中法院判决驳回诉讼请求。从更有利于维护当事人合法权益的角度出发,应该增加被执行人的举证义务,明确规定案外人免除证明责任的情形,法官加强释明,并充分考虑案件的具体情况灵活分配证明责任,以期对司法实践中审理案外人执行异议之诉有所裨益。

As one of the main types of lawsuit to guarantee lawful civil rights and interests of outsider,the lawsuit of objection in outsider execution is of great significance. However,higher demands for the burden of proof of the outsider in such lawsuits,to a great extent,directly result in the dismissal of lawsuit requests by the court in most cases. From a perspective that is more conducive to safeguard lawful rights and interests of the lawsuit party,it is suggested to increase the burden of proof of the person subjected to execution,and clearly stipulate the condition where the outsider can be exempted from the burden of proof. In the meantime,the judge should explain in an explicit way,and fully consider the case＇s specific conditions to flexibly assign the burden of proof,in the expectation of bringing some benefits to the lawsuit of objection in outsider execution in the juridical practice.