论民事执行案外人的救济途径

因民事执行重在迅速的特性,案外人难免会遭受侵害,为此应当给予案外人救济。案外人对执行标的物的争议是民事实体权利义务纠纷,基于审执分离的理论,普遍的观点认为执行机构无权处理案外人异议。现行法律虽然给执行机构处理案外人争议提供了僭妄的机会,但并不意味着执行机构无权处理案外人争议,不论从法理,还是从诉讼经济原则,执行机构处理案外人争议都具有正当性。但是执行机构对案外人争议无最终处理权,在当事人对执行机构的处理不服时,应当由审判机构作最终处理。

Approach of Remedy for Persons not involved in a Civil Execution Case

Due to the nature of speed of execution cases, persons not involved in the case could be damaged, and remedies for them should be applied. Persons not involved in a case possibly have rights on object of dispute, so it is generally regarded that executive organs do not have rights to deal with disputes for persons not involved in a case. Existing laws give executive organs improper opportunities to deal with disputes for persons not involved in a case, but this does not mean that executive organs do not hav...