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Study On The Relief Of The Third-Party Right In Civil Implementation

Posted on:2012-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:X F FengFull Text:PDF
GTID:2216330338458178Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The Code of Civil Procedure's Article 202 and Article 204,which was newly revised in 2007, made new provisions on the relief of civilian implementation of the third party rights. Article 202 provides the right of the implementation of the third party to dissent to the implementation of act, to relief their procedural rights in the course, article 204 provides the right of the appeal filed objections of the implementation of the third party to relief its physical rights. This provision is a major highlight in this modified of the Code of Civil Procedure, which set the right of the third party of the appeal filed objections. However, in judicial practice, the absence of specific procedural requirements, leading to the provisions of the right to dissent is not feasible in practice. And setting the pre-review process of the third objection complaint, the original intention of the legislators is to divert cases to improve the efficiency, but in practice,this provision will not be able achieve the purpose to divert cases and improve the efficiency of the proceedings, it will affect the exercise of the right of appeal of the implementation of the third party. The third party starting the trial supervision will lead embarrassment case, becase in practice there is no law applicable. To address the above problems, this paper will be divided into six parts to analyze,and then build a sound system of the relief of the implementation of the third party.PartⅠ"Introduction". Incluing the background of the topic, the significance and approaches adopted.PartⅡ"The definition of the civilian implementation of the third party and right to relief". Analyzing the implementation of the third party and its related concepts, clearly defining the concept of the implementation of the third party, carrying out an academic classification; on this basis, analying the concept of the relief to the right of the implementation of the third party and characteristics.Then demonstraing the theoretical basis of the relief to the right of the implementation of the third party, including the social contract theory, theory of power restriction, right theory and throry of public relief, providing theoretical support for the relief to the right of the implementation of the third party.PartⅢ"The comparative law of the relief of the right of the implementation of the third party". Mainly on the relevant provisions of the relief of the right of the implementation of the third party in the common law and civil law including United States, Britain, Germany, Japan, and Chian's Taiwan region,then deeply analyzing its existing common law.PartⅣ"The problems of the relief of the right of the implementation of the third party". Focused on analyzing the flaws of the objection of implementation behavior system and appeal to implementation, paving the way perfectly for the mechanism for the relief to the right of the implementation of the third party.PartⅤ"The mechanism for the relief of the right of the implementation of the third party". For the fifth of the problems, on the basis of reference to foreign sound relief to the right of the implementation of the third party, from both procedure remedies and entity remedies building peferct mechanism of the relief of the right of the implementation of the third party.PartⅥ"Conclusion". Summaring the results of this paper and its shortcomings.
Keywords/Search Tags:implementation of the third party, relief of right, objection to the implementation of behavior, objection appeal
PDF Full Text Request
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