The phenomenon of damage to the civil rights and interests of outsiders due to compulsory enforcement under formalization principle occurs frequently,but the existing procedural legal norms of the civil rights and interests sufficient to exclude the enforcement lack systematic,logical,and coherent nature.To achieve the balanced protection between the rights and interests claimed by outsiders in the lawsuits against enforcement and the rights and interests of the enforcement applicants,it is necessary to systematically sort out the nature and effect of the civil rights and interests related to excluding compulsory enforcement in substantive legal norms.The civil rights and interests claimed by the outsiders mostly have the confrontation effect,which is the logical premise of being sufficient to exclude compulsory enforcement.However,rights and interests with confrontation effect are not equivalent to the rights and interests which are sufficient to exclude compulsory enforcement,but also cover the rights and interests that,although they are unable to exclude enforcement,should still be protected.According to the different ways of excluding compulsory enforcement,the rights and interests sufficient to ex-clude enforcement can be divided into two categories,the ones leading to generalized exclusion and the ones leading to non-generalized exclusion.The former corresponds to the confrontation rights and interests of ownership,including ownership and the rights and interests of independent property,as well as the rights and interests of assignees of claims and vendees of real estate under specific conditions;the latter is compatible with the confrontation rights and interests of the limited proper-ty rights,including the rights and interests limiting the use value,exchange value,and disposal of property.
outsider's lawsuit against enforcementcivil rights and interestsconfrontation effectsufficient to ex-clude enforcementcategorization
NETL
NSTL
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