| The force of the effective judgment may damage the interests of the third party. It is unfair for the third party if that he is not provided with an effective relieving procedure. Based on the general analysis of the existing system of the protection of the third party in our country, it is clearly that establishing third party objection proceeding is necessary. For this issue, there are two modes in other countries: independent third party objection proceeding and procedures of repealing suits by third parties. It is reasonable to establish an independent third party objection proceeding in our country.There are three parts in the dissertation, the introduction part mainly explains the necessarity of establishing an independent third party objection proceeding and the main part is divided into four chapters:The first chapter introduces the meaning and the concept of the third party objection proceeding and other concepts in connection with this concept, and then introduce third party objection proceeding in other countries to make us more thoroughly understand the system.The second chapter demonstrates the theoretical basis of the system, including the theory of Procedural Safeguard and Disposition doctrine.The third chapter analyzes the defects of existing ways of protecting the rights of the third party in our country.The final chapter focus on three parts, the first part analyzes the choice of the system modes: independent third party objection proceeding or procedures of repealing suits by third parties, the establishment of an independent third party objection proceeding is more effective to protect the rights of the third party in our country. The second part details how to build third party objection proceeding and the last part constructs the supporting system of third party objection proceeding: notification system of the court's duty, punishment system in case of abusing the right of the relief system.The conclusion part summarizes the dissertation.
|
PDF Full Text Request