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问题提出:案外人异议之诉实务困境民事执行中,执行机关为及时、迅速地实现债权人享有的执行依据所载明的债权,遵循的是形式化原则,即在对执行标的物进行查封、扣押、冻结时,仅根据其外观事实判断权属,难免会将案外人的财产当作被执行人的财产执行,从而损害案外人的民事实体权益。民事诉讼法第二百零四条规定:“执行过程中,案外人对执行标的提出书面异议的,人民法院应当自收到书面
The problem is raised: Outsider objections v. Practice dilemma During the civil execution, the executing agency follows the principle of formality for timely and prompt realization of the obligee’s rights as set forth in the enforcement basis of the obligee’s rights. That is, when the subject matter is sealed up and seized , When frozen, judging the ownership only based on its appearance facts will inevitably result in the execution of the assets of the non-resident as the property of the executed person, thereby damaging the rights and interests of the non-resident civil entities. Article 204 of the Code of Civil Procedure stipulates that: ”In the course of execution, an outsider submits a written objection to the execution of the subject matter, and the people’s court shall, from receipt of written