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Offset By Litigation And The Effectiveness Of The Judgment

Posted on:2007-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y F TangFull Text:PDF
GTID:2206360182990243Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Countervailing in litigation is inevitable in civil litigation. But it is opposite in our judicial system. Countervailing litigation has been common practice in two legal traditions . The big gap between practice and systems entails establishing countervailing litigation. In perspective of what it should be and in terms of advantage and disadvantage of two model countervailing litigations ,counterclaim-model countervailing litigation is our reasonable choice. The model countervailing litigation provides the reasonable basis of res judicata.This article mainly is divided into four chapters.The first chapter is about the basic summary of countervailing litigation. The author analyzes the types of countervailing in the civil codes which include judicial countervailing and defines countervailing in litigation. Thus ,countervailing in litigation is an act of lawsuit,which provides the prerequisites to the construction of countervailing litigation. Countervailing litigation is the lawsuit of cross-claims which arise in defendant's allegation of countervailing in litigation in the proceedings. Countervailing litigation has strict elements and has multiple functions enhancing efficiency; finding truth ; guaranting justice; ensuring stability. The second chapter is about comparatively reviewing countervailing litigation and our model choice. The author reviews the countervailing litigation of two legal traditions from the comparative perspective. Countervailing litigation is regarded as the counterclaim model in the common law, and the demurrer model in the civil law. However.the inefficiecy of countervailing in litigation and countervailing litigation is obvious . In terms of that ,the author disagrees with the demurrer model,and analyzes the mitigation of embroil element of counterclaim,the complexity of res judicata and the stability of law. In conclusion, we should establish the counterclaim-model countervailing litigation.The third chapter is about the effects of adjudication of countervailing litigation. The author reviews and compares the effects of adjudication of the two...
Keywords/Search Tags:countervailing in litigation, countervailing litigation, demurrer model, counterclaim model, res judicata
PDF Full Text Request
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