最高法发布执行异议之诉司法解释

Core Viewpoint - The Supreme People's Court has issued an interpretation regarding the application of laws in cases of execution objection lawsuits, effective from July 24, which aims to enhance the efficiency and correctness of handling such cases and protect the legitimate property rights of civil subjects, particularly focusing on the rights of consumers in the real estate sector [1] Group 1: Legal Framework and Procedures - The interpretation consists of 23 articles that clarify jurisdiction, filing, and the consolidation of related claims in execution objection lawsuits [2] - It specifies that the court responsible for the execution of the relevant subject matter will handle the objection, reducing disputes arising from jurisdictional uncertainties [2] - In cases where multiple courts have seized the same execution subject, the interpretation outlines that the objector should name the first seizing applicant as the defendant, ensuring the protection of all parties' litigation rights [2] Group 2: Rights Protection and Execution Measures - The interpretation establishes that if an outsider is found to have civil rights that exclude forced execution, the court must simultaneously lift the corresponding execution measures [3] - It emphasizes the need for continued examination and adjudication during the objection process, especially in cases of bankruptcy or retrial, while allowing for the possibility of relief through auction proceeds or separate lawsuits if improper sales occur [3] - The interpretation allows for the termination of cases if the execution process has concluded and no disposition of the subject matter has occurred, while still permitting the continuation of claims that retain legal interest [3] Group 3: Consumer Rights in Real Estate - The interpretation provides detailed regulations for protecting the rights of real estate consumers, including conditions for transferring ownership and handling payments after contract termination [4] - It specifies that consumers who purchase homes for residential needs can contest executions related to commercial interests in real estate development [4] - The interpretation also addresses the protection of rights for individuals whose properties are requisitioned for public interest, ensuring their civil rights are safeguarded [4]