Hello! We have received the "Consultation on whether the person pursued in the execution procedure should be examined as an execution objection filing". After study, the answers are as follows:

Additional executed persons in execution procedure belong to the type of execution objection cases in execution review cases. Article 9 of the Opinions of the Supreme People's Court on Several Questions Concerning the Enforcement of Filing and Closing Cases is to clarify the types of cases of enforcing objections in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China, except for those objections and cases of enforcing acts stipulated in Articles 225 and 227 of the Civil Procedure Law of the In addition to the objections of outsiders, there are also objections to jurisdiction, alterations of additional executed persons, objections of debtors, non-enforcement of arbitral awards or notarized creditor's rights documents. The Provisions of the Supreme People's Court on Several Questions Concerning the Processing of Execution Dissidence and Reconsideration Cases by the People's Court are provisions for handling various cases of Execution Dissidence, and are not limited to objections to execution and other objections, such as the provisions of Article 7, paragraph 2, of the judicial interpretation dealing with objections of debtors and Article 22 dealing with certain cases. In one case, the provisions of notarized creditor's rights documents shall not be enforced. Subsequently, the Supreme People's Court's Provisions on Several Questions of Alteration and Addition of Parties in Civil Enforcement was promulgated and implemented as a special judicial interpretation to deal with the alteration and addition of Parties in Civil Enforcement, in order to further remedy and improve the deficiencies of the provisions of the Civil Procedure Law and the original judicial interpretation, in particular. In order to fully protect the litigant's right to sue, according to the relevant provisions of other laws, the right of the parties to lodge objections under certain circumstances is clearly defined. Therefore, between the Provisions of the Supreme People's Court on Several Questions of the People's Court in Handling Cases of Dispute and Reconsideration of Enforcement, Provisions of the Supreme People's Court on Several Questions of Alteration and Addition of Parties in Civil Enforcement, Opinions of the Supreme People's Court on Several Questions of Enforcement, Filing and Closing There are no contradictions and conflicts between the normative documents and the Civil Procedure Law of the People's Republic of China. Additional executed persons shall, in accordance with the Provisions of the Supreme People's Court on Case Numbers of People's Courts and substituting case types for "disputes" in case filing and examination, conform to the relevant provisions of laws, judicial interpretations and normative documents, and do not mean that such cases belong to cases of objection to execution or objection from outsiders.

Thank you for your concern and support for the implementation of the People's Court.

Executive Board of the Supreme People's Court

Source: Supreme People's Court Network