In the course of handling cases, it will be encountered that outsiders have been unable to exhaust legal means to protect their own legitimate rights and interests due to their strong relationship with the subject matter of the relevant case, and have missed many opportunities to protect their own rights and interests, and as a result, the relevant property is finally enforced by the court. I discovered this problem in the handling of the case, and at the same time, combined with the relevant provisions of the Civil Procedure Law, I found a shortcut for outsiders to protect their rights. #案外人#
First of all, we need to understand what an outsider is? An outsider has a broad and narrow understanding, and in a broad sense, an outsider is a person who knows the circumstances of a case, and even a person who knows the facts of a case can be called an outsider for the purpose of corresponding investigation and verification. An outsider in a narrow sense refers to a person who has an interest in the subject matter of the case, and is called an outsider.
An outsider may defend his rights by means of a lawsuit for revocation, an enforcement objection, an enforcement objection, or an enforcement objection lawsuit, but we will not discuss the above circumstances, and we will discuss the issues after the outsider raises an enforcement objection.
Enforcement objection is one of the ways for outsiders to protect their own legitimate rights and interests, but often in the process of enforcement objections, the court only conducts a procedural review, and conducts the review in accordance with the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts, and will not review the original judgment involved in the enforcement basis.
At this time, often the outsider will choose to enforce the objection lawsuit, but if we apply to the court for a retrial after the court makes a ruling rejecting the enforcement objection, we can avoid paying the corresponding litigation fees and prevent the loss of the outsider from further expanding, and at the same time start the court retrial procedure, we can suspend the enforcement of the case, and will also review the effective judgment of the original trial, further obstruct the enforcement of the case, and safeguard its legitimate rights and interests.
The relevant legal basis is Article 238 of the Civil Procedure Law, which stipulates that: "In the course of enforcement, if a person not involved in the case raises a written objection to the subject matter of enforcement, the people's court shall examine it within 15 days from the date of receipt of the written objection, and if the reasons are sustained, rule to suspend the enforcement of the subject matter; Where persons not involved in the case or parties are dissatisfied with the ruling and feel that the original judgment or ruling was in error, it shall be handled in accordance with the trial supervision procedures; "#民事再审#
The above provisions provide a legal basis for a retrial by an outsider, and there are many details in practice.