[Guozun Law Firm] Full Analysis of the Handling of Execution Objections by Outsiders to the Case: Procedures, Types, and Protection of Rights and Interests

In the execution procedure, when an outsider to the case raises an objection, the court handles it as follows:

1. Procedure for review of execution objection: Once an outsider to the case raises an objection during the execution process, the execution division shall immediately form a collegial panel for review. During this period, the court may adopt execution measures such as seizure, impoundment, and freezing, but may not dispose of the execution subject matter. If, after review, it is considered that the objection raised by the outsider to the case is directed at a specific item designated in the effective legal instrument, the court will report it for approval by the court president, and then rule to suspend execution of the effective legal instrument and handle it in accordance with the trial supervision procedure.

2. Litigation route: If the objection is unrelated to the original judgment or ruling, the outsider to the case may file a lawsuit with the people’s court within fifteen days from the date of service of the ruling, seeking legal relief.

3. Reconsideration procedure: If the objector is dissatisfied with a ruling of non-acceptance or dismissal of the application, he may apply for reconsideration to the higher people’s court within ten days from the date of service of the ruling. The higher people’s court will review the application. If it considers that the acceptance conditions are satisfied, it will rule to revoke the original ruling and instruct the execution court to place the case on file or to review the execution objection.

4. Legal analysis: According to the provisions of the Civil Procedure Law of the People’s Republic of China, during the execution process, if an outsider to the case raises an objection to the execution subject matter, the enforcement officer must conduct a review according to statutory procedures. If the grounds for the objection are not established, the objection shall be dismissed; if the grounds are established, execution shall be suspended upon approval by the court president. If it is discovered that the judgment or ruling is indeed erroneous, it shall be handled according to the trial supervision procedure.

5. Distinction of objection types: A lawsuit of objection to execution involves, in the execution procedure, an objection to the execution subject matter; while a third-party revocation lawsuit is, in civil litigation, an application to revoke the subject matter stated in effective legal documents such as court judgments and rulings. These two types of lawsuits are raised at different stages, reflecting the diversity of legal procedures.

6. Protection of third-party rights and interests: For an effective judgment, the court is responsible for execution. If the judgment involves a third party, this does not affect the court’s execution. If the third party has an objection to execution, he may apply for an execution objection in order to safeguard his lawful rights and interests.

When the court issues an execution ruling, the third party applies for objection registration

When the court issues an execution ruling, the third party may take the following steps to apply for objection registration:

1. The third party may, because of a specific case, where the cause of action listed in the first-instance judgment or ruling must be stated, and being dissatisfied with a judgment or ruling made by a certain people’s court on a specific date, file an appeal.

2. Handling of transfer procedures: In handling transfer procedures for second-hand housing, after both parties submit materials and certificates, the housing administration department shall complete the new property certificate within 30 working days from the date of accepting the application.

3. Provisions on appeal rights: According to Article 164 of the Civil Procedure Law of the People’s Republic of China, if a party is dissatisfied with a first-instance judgment of a local people’s court, he has the right to file an appeal to the higher people’s court within fifteen days from the date of service of the judgment. If a party is dissatisfied with a first-instance ruling of a local people’s court, he has the right to file an appeal to the higher people’s court within ten days from the date of service of the ruling.

How the court handles a third party’s execution objection

When handling a third party’s execution objection, the court shall follow the following procedures:

1. Review of execution objection: According to Article 303 of the Supreme People’s Court’s Interpretation on the Application of the Civil Procedure Law of the People’s Republic of China, after a third party files a revocation lawsuit, if execution of the effective judgment, ruling, or mediation statement has not been suspended, the execution court shall review the execution objection raised by the third party in accordance with Article 227 of the Civil Procedure Law.

2. Litigation claims unrelated to the original judgment: If the objection is unrelated to the original judgment or ruling, the outsider to the case may file a lawsuit with the people’s court within fifteen days from the date of service of the ruling.

3. Claim of substantive rights: If an outsider to the case, that is, a third party, claims substantive rights to the execution subject matter and has an objection, he may present his opinions to the execution court. Raising an execution objection is a means for the outsider to the case, that is, the third party, to safeguard his lawful civil rights and interests.

4. Conditions for execution objection: According to relevant laws and regulations, a third party, as an outsider to the case, may file a lawsuit of objection to execution, but a written objection must be submitted. During the trial of the objection lawsuit, execution of the original judgment is suspended.

5. Review procedure: It is not permitted for a third party to raise an oral objection during court execution. According to legal provisions, the raising of an execution objection must satisfy the following three conditions: first, the person raising the objection shall be an outsider to the case, that is, a person other than the two parties to the litigation.

6. Application for retrial: An outsider to the case applying for retrial means that after the termination of the execution procedure, the outsider considers that there is an error in the execution judgment or ruling, and that this error may affect his lawful rights and interests, and may apply for retrial to the original trial court or the higher court.

What are the provisions on the trial of execution objection and reconsideration cases by the people’s courts?

When trying execution objection and reconsideration cases, the people’s courts shall follow the following provisions:

1. Time and conditions for application: The contents of the provisions on execution objection and reconsideration include limits on the time of application and the conditions. If a party or an interested party believes that the execution act violates legal provisions, he may raise a written objection to the people’s court responsible for execution.

2. Review period: If a written objection is raised, the people’s court shall review it within fifteen days from the date of receiving the written objection. If the grounds are established, it shall rule to revoke or correct it.

3. Preparation of materials: When the objection is raised, an application must first be submitted, and relevant evidence and certificates must also be attached. Only if the case is found to be reasonable will it be accepted. If the materials are not fully prepared, supplementation will be required within three days.

Whether the court reviews after a third party raises an execution objection

After a third party raises an execution objection, the court handles it as follows:

1. Active review: There is no need to inquire, because the court will actively notify the parties. Legal provision: During the execution process, where an outsider to the case raises a written objection to the execution subject matter, the people’s court shall review it within fifteen days from the date of receiving the written objection. If the grounds are established, it shall rule to suspend execution of the subject matter; if the grounds are not established, it shall rule to dismiss it.

2. Substantive review: After receiving an execution objection raised by an outsider to the case, the court must conduct a substantive review.

3. Review period: Article 227 of the Civil Procedure Law provides that during the execution process, where an outsider to the case raises a written objection to the execution subject matter, the people’s court shall review it within fifteen days from the date of receiving the written objection. If the grounds are established, it shall rule to suspend execution of the subject matter; if the grounds are not established, it shall rule to dismiss it.

4. Basis for review: According to Article 303 of the Supreme People’s Court’s Interpretation on the Application of the Civil Procedure Law of the People’s Republic of China, after a third party files a revocation lawsuit, if execution of the effective judgment, ruling, or mediation statement has not been suspended, the execution court shall review the execution objection raised by the third party in accordance with Article 227 of the Civil Procedure Law.

5. Oral objection: It is not permitted for a third party to raise an oral objection during court execution. According to relevant laws and regulations, a third party, as an outsider to the case, may file a lawsuit of objection to execution, but a written objection must be raised.

6. Application for retrial: An outsider to the case applying for retrial means that after the termination of the execution procedure, the outsider considers that there is an error in the execution judgment or ruling, and that this error may affect his lawful rights and interests, and may apply for retrial to the original trial court or the higher court.

Lawsuit of objection to execution and third-party revocation lawsuit

The lawsuit of objection to execution and the third-party revocation lawsuit are two different legal procedures. They differ in purpose, function, scope of subjects, and other aspects:

1. Different purposes and functions: The lawsuit of objection to execution aims to stop and exclude execution against a specific subject matter; the third-party revocation lawsuit aims to change or revoke the effective judgment, ruling, or mediation statement of the previous lawsuit through a new lawsuit, so as to protect the civil rights and interests of the third party that are harmed as a result.

2. Different plaintiffs and causes: The plaintiff in a lawsuit of objection to execution may be an outsider to the case, and the cause is an objection to the execution subject matter; the plaintiff in a third-party revocation lawsuit is a third party in civil litigation, and the cause is an objection to the subject matter stated in the court’s effective judgment, ruling, or mediation statement.

3. Different time of filing and accepting court: The lawsuit of objection to execution may be raised during the execution procedure, and the accepting court is the execution court; the third-party revocation lawsuit is raised at the civil litigation stage, and the accepting court is the civil court that made the judgment, ruling, or mediation statement.

4. Different trial procedures: The trial procedure of a lawsuit of objection to execution is relatively simple, while the trial procedure of a third-party revocation lawsuit is relatively complex.

5. Different scope of legal relief: The lawsuit of objection to execution mainly raises objections to the execution subject matter in the execution procedure; the third-party revocation lawsuit raises objections to the subject matter stated in the court’s effective judgment, ruling, or mediation statement.

6. Legal analysis: The difference between a third-party revocation lawsuit and an outsider’s lawsuit of objection to execution lies in their different nature. The former is a new lawsuit, is relief for the third party’s substantive rights and interests, and is the first relief; the latter is a special relief procedure, and the scope of eligible subjects for the two is different.

How the court handles a third party’s application for execution

When handling a third party’s application for execution, the court shall follow the following procedures:

1. Independence of the subject matter of litigation: According to Article 56 of the Civil Procedure Law of the People’s Republic of China, with respect to the subject matter of litigation between the two parties, if a third party believes that he has an independent claim, he has the right to file a lawsuit.

2. Existence of an interest relationship: The third party has an interest relationship with the matter under execution, that is, his lawful rights and interests may be affected by the execution act.

3. Application for addition: The third party may apply to the administrative organ to be added as a party to execution and explain his interest relationship with the matter under execution.

4. Review according to law: The administrative organ shall review the third party’s application according to law. If it considers that the conditions are met, it may add the third party as a party to execution.

5. Execution of due creditor’s rights: Due creditor’s rights under execution refer to the creditor’s rights enjoyed by the person subject to execution against a third-party outsider to the case when the person subject to execution cannot repay debts. The people’s court may, upon the application of the applicant for execution or the person subject to execution, compulsorily execute against that third party.

6. Execution procedure: The applicant for execution or the person subject to execution submits an application. The people’s court shall review whether the person subject to execution is unable to repay debts or has delayed performance of debts, and whether the creditor’s rights against the third party have matured, issue a notice to the third party to perform the debt, and handle any objection raised by the third party to the due creditor’s rights.