我国案外人执行救济制度研究
Research on the Relief System of Execution by Outsiders in Our Country

随着虚假诉讼、恶意诉讼的不断增多，案外人的实体权利时常遭受到不当执行的损害。基于保障案外人利益的需要，我国制定了案外人执行救济制度，包含案外人执行异议、案外人申请再审、案外人异议之诉、第三人撤销之诉等。本文在梳理了几种制度的基础上，发现即便已有制度为案外人在执行程序中提供了多种救济途径，各种制度之间仍存在漏洞，包括案外人执行异议前置程序的适用影响审判效率、第三人撤销之诉的具体规定尚不明确、各项制度之间衔接不畅等问题。因此本文认为应取消案外人执行异议前置程序、完善第三人撤销之诉制度，并且案外人的执行救济方式应在法律条文中明确，用以更好地保障案外人的合法权利。
With the increasing of false litigation and malicious litigation, the entity rights of outsiders are often damaged by improper execution. Based on the need of protecting the interests of the outsiders, our country has formulated the relief system of the outsiders’ execution, which includes the objection of the outsiders’ execution, the application of the outsiders’ retrial, the lawsuit of the outsiders’ objection, and the lawsuit of the third party’s cancellation. On the basis of sorting out several systems, this paper finds that even though there are existing systems that provide a variety of remedies for outsiders in the execution procedure, there are still loopholes among the various systems, including the application of the pre-procedure for the execution of objections by outsiders affects the trial efficiency, the specific provisions of the third party’s cancellation lawsuit are not clear, and the connection between various systems is not smooth. Therefore, this paper holds that the pre-procedure for the execution of opposition by outsiders should be cancelled, the litigation system of the third party cancellation should be perfected, and the execution remedy of outsiders should be clearly defined in the legal provisions to better protect the legal rights of outsiders.