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The Perfection Of The System Of Revocation Of The Third Party In Our Country

Posted on:2017-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:X XueFull Text:PDF
GTID:2206330485967523Subject:Law
Abstract/Summary:PDF Full Text Request
Through the ages, the litigation as the means and methods of dispute resolution, only in between the parties, is the purpose of legal proceedings in order to ensure both parties, so the effect also is often confined to the parties, and therefore a remarkable feature of litigation is relative.In view of this, the traditional civil lawsuit system will focus on often placed upon the parties only, pay attention to the security of the program, emphasize the relativity of litigation and the individual.With the development of economy, however, increasingly complex social relations, although often appear in civil procedure will not effect and from the third person outside the case directly, but in fact or in the verdict has make a judgment on the entity rights and interests of a third person. Especially at present, the malicious and false cases emerge in endlessly, some litigation fraud by the court mediation, the parties to the case of the rights of a third person outside caused substantial damage, although our country already by setting the third person the execution objection proceeding and application for retrial proceeding to protect the legitimate rights and interests of a third person, but because of the limitation of application, condition finally tend to appear activist lag or program is hard to start.To safeguard judicial authority, to protect the interests of a third person legally, added a third person to cancel lawsuit system in our country, namely "civil procedural law" the "third person stipulated in the preceding two paragraphs, due to the reason for not attributable to himself not to participate in litigation, but there is evidence that legally effective judgments or written orders, conciliation statements part or all of the contents of the error and harm the civil rights and interests, since he knows or should know their six months from the date of the civil rights and interests are harmed, to make the judgments or written orders, conciliation statements of a people’s court. The people’s court, the claims, shall change or cancel the original judgment or ruling, the conciliation statement; claims is not established, dismissed the claims." A new clause gives a new relief way by a third party, although the rule is simple, applicable still exist certain problems, but its great realistic significance to be reckoned with. In February 2015 the most the court issued a judicial interpretation about the civil procedure law, the third part further 14 in case of revocation of the litigation system of jurisdiction, trial practice question has carried on the detailed and enrichment, to strengthen the suitability of this system in judicial practice.This article through to our country of the third person suit system with the outside of= the third person to withdraw, comparing the lawsuit system of exploit =Xexperiences and defects, and combined with the specific judicial practice in our country, and put forward to promote the protection of the rights and interests of a third person perfect practical advice.
Keywords/Search Tags:challenge the judgement by the third party, dissent action of execution, retrial, proper plaintiff
PDF Full Text Request
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