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The Studay Of A System Of Third Party In Civil Lawsuit

Posted on:2011-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z H CaiFull Text:PDF
GTID:2166360302994642Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the continuous development of the socio-economic, the third party system of civil lawsuits is a very important issue, and it is also a part of a larger point of view differences. Especially it is often encountered on case about the third party in the judicial practice, but because the third party system of China's has many outstanding defects which lead to a bit powerless in making use of the existing law. Therefore, on the basis of the existing research, this article study on the various elements of a third party of the third party system of civil lawsuits systematically, and analyze the existing legal system of civil law and common law .I hope that it is can be review the problems in current system of third party system . At the same time, the paper tries to propose specific programs to reform the third party system of civil lawsuits in our country.The paper is divided into four parts, specifically as follows:Part I: Introduction the basic theory, the meaning, the general provisions and functions of the third party system. It is the basis for writing the paper.Part II: Compare on legislative status of the third party system of domestic and international. In this section, in order to arrive at its advantages and disadvantages, the paper emphasize on introducing the rule of the third party system in developed countries and explaining it. It is very important to improve the third party of China. It is the focus of the paper such as the United States, France, Germany, Japan and other countries of the third party system in the part.Part III: Review of on the third party system in China. Because China's current law is too crude, the lack of operability, resulting in serious legal risks, leading to that litigation rights of the third party are often violated in practice. Thus, it is the most important part in judicial reform.Part IV: Improve the concept about the third party system of lawsuit. The part will reform on the third party system from the legislative, the mode of parameter etc. I wish the paper can attract more valuable comments about the third-party.
Keywords/Search Tags:Civil lawsuits, Third party system, The third party with independent right of claims, The third party without independent right of claims, The third party system
PDF Full Text Request
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