1. The action of execution objection belongs to a kind of civil action and should be tried in accordance with ordinary procedures. This is a system established to protect the interests of outsiders and applicants. Although it has its particularity, the outsider's execution of the objection lawsuit is, after all, a lawsuit in litigation. Judging from the current legislation of most countries in the world and the regulations of Taiwan Province Province in China, the lawsuit of execution objection is tried in accordance with ordinary procedures. In other words, the trial of the action of execution objection is applicable to the trial methods and procedures of general civil cases. Moreover, the lawsuit of execution objection involves the dispute of substantive rights and interests, and it is necessary to find out the relevant facts through ordinary trial procedures, which is in line with the general principles of litigation. In addition, judging from the current trial practice in China, all cases of execution objection are tried by the trial business court in accordance with ordinary litigation procedures. Based on this, the outsider's execution of the objection should be tried in accordance with ordinary procedures, and there is no need to set up special litigation procedures.

2. The action of execution objection does not apply to summary procedure. The procedure of first instance of civil litigation cases stipulated in the Civil Procedure Law includes ordinary procedure and summary procedure of first instance. The lawsuit of execution objection involves the applicant, the person subjected to execution, the outsider, etc. There are many parties, big conflicts of interest and complicated facts. The lawsuit of execution objection involves not only the rights and interests disputes between equal civil subjects, but also whether the execution behavior of the people's court should be ruled out, involving a variety of legal relationships, and the object of litigation is usually complicated. Therefore, the action of execution objection is not a simple civil case with clear facts, clear rights and obligations and little controversy, which does not conform to the provisions of Article 157 of the Civil Procedure Law on summary procedure. In addition, the provisions of this article are mandatory and cannot be excluded by the parties. Therefore, the outsider, the application executor and the person subjected to execution cannot agree to apply the summary procedure according to Article 157 of the Civil Procedure Law.

legal ground

During the execution of Article 234 of the Civil Procedure Law of People's Republic of China (PRC), if an outsider raises a written objection to the execution target, the people's court shall conduct a review within 15 days from the date of receiving the written objection, and if the reason is established, order to suspend the execution target; If the reason cannot be established, the ruling shall be rejected. If an outsider or a party refuses to accept the ruling and thinks that the original judgment or ruling is wrong, it shall be handled in accordance with the procedure of trial supervision; If it has nothing to do with the original judgment or ruling, it may bring a lawsuit to the people's court within 15 days from the date when the ruling is served.