Can an enforcement objector be a litigant? And what circumstances can be litigants?

The enforcement objector is a third party, not a party to the litigation. A litigant is a person who sues, responds to and prosecutes in his own name and is bound by a court decision.

Litigants are indispensable participants in litigation activities, and refer to those who sue, respond to and conduct litigation in their own name in the event of disputes or disputes arising from civil rights and obligations, and are bound by court rulings, most commonly the plaintiff and the defendant in the litigation. The plaintiff is a party to the lawsuit and cannot sue without the plaintiff; The defendant is the object of the plaintiff's lawsuit, and the lawsuit cannot be filed without the defendant, and the lawsuit cannot be filed and conducted without the original defendant. Litigants have equal procedural rights.

Of course, litigants have different names at different stages of trial – they are called plaintiffs and defendants at the prosecution stage, winners or losers at the judgment stage, appellants and appellees at the second-instance trial stage, and applicants for enforcement and persons subject to enforcement at the enforcement stage. Courts hearing cases shall safeguard and facilitate the parties' exercise of their procedural rights, and treat all parties equally in the application of law. Citizens, legal persons and other organizations may be parties to the proceedings.

Of course it can be a litigant.

For example, after the plaintiff wins the lawsuit, as the applicant, he applies to the court to auction the property of the person subject to enforcement (defendant), and the defendant believes that the seizure exceeds the standard, and the assessment report has objections.

Enforcement objection refers to an objection raised by an outsider who has a strong relationship with the enforcement activities that have already been carried out by the court and believes that the enforcement is improper. An objection to enforcement shall be submitted by a person not involved in the case to the court responsible for enforcement, and after the court accepts the objection, a hearing may be held. During the hearing, the enforcement objector is a party.

According to the provisions of the current Civil Procedure Law, if the objector is not satisfied with the objection ruling of the enforcing court, he may apply to the court at the next higher level for reconsideration, and the objector is also a party at this time.

In addition, the enforcement objector may also file a separate lawsuit, in which the objector, as the plaintiff, is a party.

The reason why the person subject to enforcement cannot file a lawsuit against the executor is based on Article 225 of the Civil Procedure Law of the People's Republic of China: if a party or interested party believes that the enforcement act violates the provisions of the law, he or she may submit a written objection to the people's court responsible for enforcement. Where parties or interested parties submit written objections, the people's courts shall review them within 15 days of receiving the written objections, and where the grounds are sustained, rule to revoke or correct them; where the reasons are not sustained, a ruling is to reject it.

Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served. The objection to the execution of the matter raised by the person subject to enforcement is not a lawsuit for objection to enforcement.

1. Whether there is a statute of limitations for raising an objection to enforcement.

1) Limitation of the statute of limitations for raising objections to enforcement:

1. Where objections are raised to illegal enforcement acts, they shall be raised before the conclusion of the enforcement procedures;

2. Where an objection is raised to the subject matter of enforcement, it shall be raised before the completion of the execution of the subject matter of enforcement.

2) Legal basis:

1. Article 6 of the Judicial Interpretation of the Supreme Court on Enforcement Objections and Reconsideration.

Where parties or interested parties raise objections in accordance with article 225 of the Civil Procedure Law, they shall do so before the enforcement procedures are concluded, except where objections are raised to the termination of enforcement measures.

Where persons not involved in the case raise objections in accordance with article 227 of the Civil Procedure Law, they shall do so before the enforcement of the subject matter of enforcement to which the objection points is concluded; Where the subject matter of enforcement is transferred by the parties, it shall be submitted before the conclusion of the enforcement procedures.

2. Article 227 of the Civil Procedure Law.

Where, during the course of enforcement, a person not involved in the case raises a written objection to the subject matter of enforcement, the people's court shall review it within 15 days of receiving the written objection, and if the grounds are sustained, rule to suspend enforcement of the subject matter; where the reasons are not sustained, a ruling is to reject it. Where persons not involved in the case or parties are dissatisfied with the ruling and feel that the original judgment or ruling was in error, it is to be handled in accordance with the trial supervision procedures; and where it is not related to the original judgment or ruling, a lawsuit may be filed with the people's court within 15 days of the date on which the ruling is served.

Article 226 stipulates that if the people's court fails to enforce the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the next higher level for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.

Enforcement objections fall within the scope of civil litigation. "Civil Procedure Law of the People's Republic of China" Article 227:Where, during the course of enforcement, a person not involved in the case raises a written objection to the subject matter of enforcement, the people's court shall review it within 15 days of receiving the written objection, and where the reasons are sustained, rule to suspend enforcement of the subject matter and rule to reject it. Where persons not involved in the case or parties are dissatisfied with the ruling and believe that the original judgment or ruling was in error, and the original judgment or ruling is handled in accordance with the trial supervision procedures, they may file a lawsuit with the people's court within 15 days from the date on which the ruling is served.

Legal Analysis: Enforcement objections fall within the scope of civil litigation.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 227: Where, in the course of enforcement, a person not involved in the case raises a written objection to the subject matter of enforcement, the people's court shall review it within 15 days of receiving the written objection, and if the reasons are sustained, the infiltration ruling to suspend the enforcement of the subject matter is established by unfilial piety, and the ruling is to reject it. Where persons not involved in the case or parties are dissatisfied with the ruling and feel that the original judgment or ruling was in error, and the handling of the original judgment or ruling in accordance with the trial supervision procedures is unrelated, they may file a lawsuit with the people's court within 15 days of the date on which the ruling is served.

Legal Analysis: The conditions are as follows:

1.The enforcement objection must be in the course of enforcement;

2.A lawsuit filed by an outsider or an applicant for enforcement must go through the pre-procedure of review of the enforcement objection;

3.When an outsider or an applicant for enforcement files a lawsuit against enforcement, there must be a clear litigation claim;

4.There must be specific facts and reasons for an enforcement objection filed by an outsider or an applicant for enforcement;

5.The reason for the outsider or the applicant for enforcement to file an enforcement objection lawsuit must be to raise an objection to the substantive rights of the subject matter of enforcement, rather than to raise an objection to the enforcement act;

6.The litigation claims submitted by outsiders or applicants for enforcement must have nothing to do with the effective judgment that is the basis for enforcement;

7.An action to oppose enforcement must be filed within the time limit prescribed by law.

Legal basis: Article 225 of the Civil Procedure Law of the People's Republic of China: Where parties or interested parties believe that enforcement violates legal provisions, they may submit a written objection to the people's court responsible for enforcement.

Where parties or persons with interests have no interest in submitting a written objection, the people's court shall review it within 15 days of receiving the written objection, and where the reasons are sustained, rule to revoke or correct it; where the reasons are not sustained, a ruling is to reject it.

Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the ruling being served.