【摘要】 依照我国现行法律规定，案外人执行异议之诉审理期间原则上停止执行，但法院可以在符合相关要件时例外地裁定继续执行。这种做法决定了对于执行完毕的情形不能单纯地以丧失诉的利益为由来否定案外人执行异议之诉的继续审理。对于执行完毕的情形，考虑到有必要通过继续审理判断先前法院作出的继续执行的临时处分是否正确，《执行异议之诉解释》第6条对案外人执行异议之诉的继续审理采取肯定立场。对于执行措施解除的情形，鉴于诉的利益丧失，《执行异议之诉解释》第7条对案外人执行异议之诉的继续审理采取否定立场。对于作为执行依据的生效法律文书被提起再审的情形，考虑到有必要保障案外人寻求执行救济的主动权并考虑我国尤其是司法实务界对于既判力相对性原则的认识，《执行异议之诉解释》第8条规定，原则上案外人执行异议之诉可以继续审理，但在例外情形下应当中止审理。对于案外人执行异议之诉案件审理期间被执行人开始破产程序的情形，考虑到恢复执行的可能、活用具体执行措施的需求、执行异议之诉相对于取回权诉讼的优势，《执行异议之诉解释》第9条对案外人执行异议之诉的继续审理采取肯定立场。更多还原

【Abstract】 In accordance with current Chinese laws and regulations, the enforcement procedure is in principle suspended during the trial of a third-party objection lawsuit. However, the court may exceptionally rule to continue enforcement when certain requirements are met. This approach is the opposite of that in Germany and Japan. So, for cases where enforcement has been completed, we can’t simply claim the lawsuit has lost its purpose and thus deny the continuation of the trial of the thirdparty objection lawsuit. Considering it’s necessary to determine through continued trial whether the court’s earlier temporary decision to continue enforcement was correct, Article 6 of the Interpretation on Objections to Enforcement takes a positive stance on continuing the trial of third-party objection lawsuits in such situations. In cases where enforcement measures have been lifted, since the lawsuit has lost its purpose, Article 7 of the Interpretation on Objections to Enforcement takes a negative attitude toward continuing the trial of third-party objection lawsuits. When the effective legal document serving as the basis for enforcement is subjected to retrial, considering the need to protect the initiative of the third party in seeking enforcement relief and taking into account the understanding of the principle of relative res judicata in China, especially in the judicial field, Article 8 of the Interpretation on Objections to Enforcement stipulates that, in principle, the third-party objection lawsuit may continue to be heard, but in exceptional circumstances, the proceedings should be suspended. In the case where the person subject to enforcement begins insolvency proceedings during the trial of a third-party objection lawsuit, taking into account the possibility of resuming enforcement, the need for flexible use of specific enforcement measures, and the advantages of enforcement objection lawsuits over reclamation lawsuits, Article 9 of the Interpretation on Objections to Enforcement takes a positive stance on continuing the trial of third-party objection lawsuits.更多还原