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Study On The Lawsuit Filed By An Outsider In The Course Of The Civil Enforcement

Posted on:2012-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:R J ZhuFull Text:PDF
GTID:2166330335464391Subject:Law
Abstract/Summary:PDF Full Text Request
Although our country already has the Lawsuit Filed by an Outsider system prototype, in practice many problems about specific procedures are still to be solved.Starting from the point of providing effective relief for the outsiders, this thesis put forward concrete scheme to perfect the lawsuit Filed by an Outsider from the perspective of theory innovation, with a view to promoting related theory research.This thesis is made up of four chapters. The first chapter is an overview of lawsuit against the execution. Make it clear that to the core of defining the connotation of the lawsuit Filed by an Outsider lies in the outsiders'discretion to choose their claims. The nature of the lawsuit should be determined according to the outsiders'claims, which can be payment lawsuit, or hold confirmed lawsuit meanwhile. Finally, in order to further clarify the extension of the lawsuit Filed by an Outsider, it is necessary to distinguish it from Outsider Dissidence, The Relief, and The Debtor Objection Lawsuit.The second chapter presents related regulations concerning the Lawsuit Filed by an Outsider in Germany, Japan and Taiwan, with the purpose of deriving some insightful ideas from it.The third chapter makes an introduction of the current situation of our domestic Lawsuit Filed by an Outsider, indicative of the progress as well as the demerits.The fourth chapter proposes the blueprint for perfecting the Lawsuit Filed by an Outsider. It contends that our system of Lawsuit Filed by an Outsider should be developed by perfecting the constitutions, coordinating the relationship with Outsider Dissidence, and abolishing the existent but functionless outsider retrial procedure.
Keywords/Search Tags:the Lawsuit Filed by an Outsider, Outer Party Dissidence, Execution objection
PDF Full Text Request
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