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On The Civilian Implementation Of The Outer Dissidence

Posted on:2011-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:J Q MiFull Text:PDF
Abstract/Summary:PDF Full Text Request
The legitimate rights and interests of the parties and outer parties are often subjected to violation of the implementing agencies in the implementation of the program.Therefore, it is extremely necessary to establish appropriate implementation of the relief system.It ensures that it is the last protest of justice.However the phenomenon that execution is quite difficult are still not really soluted until now. It not only makes the enforcement authority feel hard, but also disturb the parties and other persons concerned. The root reasons of the existence of this phenomenon was because the implementation of relief system in our country is imperfect.In this article, author uses the meaning and nature of the outer party dissidence as a starting point,makes a brief introduction on the civil law in some countries and regions about the outer party dissidence recently,analysises the problems of current outer party dissidence in our country,and compares them. On the based of learning advanced foreign legislation, we try to establish the outer party dissidence consistent with the national conditions of our country.Improving the outer party dissidence is important practical significance to protect the legitimate rights and interests of the parties and outer party.The article is composed of the introduction and body,and the body is made up of four parts.The first part is the overview of outer dissidence.Firstly, the article clears the concept of outer party dissidence,points out the scope and classification of outer party;Secondly, the article points out the differences between the execution opposition and the sue of opposition about the outer party;Finally, the article demonstrates the necessity and theoretical foundation of the outer party dissidence during Civil Enforcement.The second part analyzes the situations of the outer party dissidence,and lays the foundation for the article of the discussion.Secondly,it makes a detailed analysis about the defects of the outer party dissidence in the system,and points out the root which causes defects.The existence of these defects make the outer party dissidence can not play its due role in the protection of rights and interests of outer parties.The third part introduces the civil law in some countries and regions about the outer party dissidence.Because the judicial traditions and national conditions are different,their implementation of relief system have different features,but through analyzing and comparing their legislation we can see,they still have a lot of commonalities about implementation of relief system,which is ensuring abundant equity in the implementation of procedures that makes the parties and outer party can defend their rights effectively.Our country should learn from the essence of national legislation in order to improve outer party dissidence.On the basis of adequate theory of argumentation,the fourth part puts forward specific ideas of the outer party dissidence.It includes removing the executive pre-procedure,abolishing Procedure for Trial Supervision in the outer party dissidence and improving other supporting systems.
Keywords/Search Tags:Relief System of Civil Execution, the outer party, the execution opposition, the sue of opposition
PDF Full Text Request
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