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Research On The Third Party's Applying For Retrial System In China

Posted on:2011-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:H H YuFull Text:PDF
GTID:2166360305979296Subject:Procedural Law
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The implementation of the new Civil Procedure Law and the Several Interpretations of the trial supervision procedure on the Application of The Civil Procedural Law of the Peoples Republic of China by the Supreme People's Court has invested the people not involved in the case with the right to apply for retrial concerning the legally effective judgment. However, solely relies on the two articles of law is a far cry from effectively implementing the newly-born system. This paper attempts to highlight the significance of the new system on the theoretical and practical field of the civil suit law in China. From a comparative perspective, the paper introduces related foreign systems and makes a comparison with domestic systems, from which the imperfections can be detected and suggestions are made to improve China's own systems. The paper covers five chapters.Chapter One---The brief introduction of the the Third Party's Applying for Retrial System in China. This chapter introduces the latest legislations of the outsider's application for retrial system in China's civil procedure law and the background of the system's access to the law and judicial interpretation. Then, the concepts of the the Third Party's applying for retrial have been clarified and sorted. Finally, a comparative analysis has been made with relevant systems.Chapter Two---The Comparative Study (Comparative Law) of the the Third Party's Applying for Retrial. In this chapter, a brief introduction has been made on the cancellation of dissent for judgment in France, the Revocation Action by a Third Party in Taiwan District of China, the appellate suit of the third party's discharging judgment in Macau SAR, China, and the suit of the third party's retrial in Japan and Italy, and then a comparative analysis has been made on the similarities and differences of these systems in order to provide reference for the improvement of the Third Party's Applying for Retrial System in China.Chapter Three---The Theoretical Foundation and Practical need of the Third Party's Applying for Retrial System. This chapter expounds and proves the theoretical basis for the third party's applying for retrial system, namely, the expansion of subjective scope of judgment effect and the reinforcement of Adversary System. Meanwhile, it also reveals the practical need of the system construction, which refers to the increasing of demolition on the third party's suit, and enumerates some typical cases of infringing the rights and interests of the third party that might come up in the daily litigations.Chapter Four---The Perfection of the Third Party's Applying for Retrial System in China. This chapter mainly covers the legalities of the third party's applying for retrial system, and then put up the improving ideas after the analysis of the system's deficiencies. The improving ideas mainly include the definition of the third party, reasons for applying, the competent court and procedure selection and legal validity.Finally, the conclusion part makes a brief review of the whole paper, and deems that the outsider's applying for retrial system is far from mature, experiences should be summed up constantly in order to become an effective approach for the outsider to safeguard their rights afterwards in real sense.
Keywords/Search Tags:the Third Party, applying for retrial, legal nature, applying qualifications, legal validity
PDF Full Text Request
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