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On The Objection Of The Outsider

Posted on:2016-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:T LiuFull Text:PDF
GTID:2206330470481246Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
"The life of law is implementation." In the entire process of legal operation, implementation procedures are in contact with the rights and obligations of the parties to the closest part, but also the most intuitive reaction characteristics of civil legal relationship. The effective legal document entered the implementation stage, then execution mechanism according to the application for enforcement is realized so far confirmed by the effective legal documents of civil rights. However, in the enforcement process may for a variety of reasons against the outsider’s legitimate rights and interests. In order to ensure the legitimate rights and interests of the legal provisions of the outsider dissidence, since 2007 in the judicial practice has made some achievements. Based on the conditions of our country, the bold abroad dissent action of execution experience related civil, launched on the theoretical research of implementation of objection to civil, has certain theoretical value and practical significance.This article from the introduction of cases, analysis of the current situation of our country’s outsider’s objection, compared to the relevant provisions of the foreign execution objection system of our country, the existence of an outsider dissidence law problem.This article mainly launches the elaboration from four aspects. The first part by introducing the case questions. What are the outsider’s objection filed litigation reasons? Provisions of China’s civil procedure law about 227th of the litigation of executive objection to an outsider to whether pre procedure? Outsider dissidence law and trial supervision procedure is what relation? The third party’s abuse of litigation behavior should be how to regulate? What an outsider dissidence law is a kind of what kind of action? The second part of a detailed analysis of the status quo of China’s outsider raises objection. Discussion on the first part of the question, the analysis of outsider mentioned objection reason; the document bystander objection lawsuit pretage procedure existence; the relationship of outsider dissidence law and trial supervision procedure; outsider abuse of litigious right behavior; an outsider dissidence law nature. The third part through the comparative study of foreign content about the system, discusses respectively the two big legal systems for the same point and different point of this system existence. The Anglo American law system mainly studies the provisions of Britain and America two countries of continental law system, studies the relevant regulations in Germany, France, Japan and Taiwan of our country, the hope can give our country to perfect the outsider dissidence law system for reference. The fourth part further improvement from the aspects of China’s outsider dissidence law. Mention the reason clear outsider dissidence law, cancel the pre review process, an outsider dissidence law to separate with procedure for trial supervision, punishment of outside abuse of litigious right behavior.
Keywords/Search Tags:The outsider, Creditor, The outside’s objection suit
PDF Full Text Request
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