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案外人异议可以分为案外人执行异议和案外人异议之诉,两者在价值取向上具有同一性,但是在制度构造和法律规则上存在很多差别。现行《民事诉讼法》将案外人执行异议作为案外人异议之诉的前置程序,但是这一制度安排存在诸多问题待解,如执行机构的审查方式和审查内容、审执分离原则的维护、案外人提起审判监督程序与既判力原理之间的协调、相关法律条文的进一步解释等。本文在详解案外人异议制度的基础上,结合民事执行原理和民事执行实践,就案外人异议制度的完善展开了一些有益探讨。
The outsider objection can be divided into outsider objection and outsider objection, the two have the same value orientation, but there are many differences in system structure and legal rules. The current Code of Civil Procedure treats the objection of an outsider as a precondition for a lawsuit against an outsider. However, there are many problems to be solved in this system, such as the ways in which the executing agency examines and examines the content, The outsider brought the coordination between the procedure of trial supervision and the principle of res judicata and the further explanation of relevant legal provisions. On the basis of explaining the system of outsider objection and combining with the principle of civil execution and the practice of civil enforcement, this paper discusses some beneficial discussions about the improvement of the system of outsider objection.