Improvement Of National Public Peremptory Notice System Procedure

The public peremptory notice system is a special procedures in the civil procedure law of China, It is used as a kind of rights remedy when the parties'rights certificate is lost.After the parties submit the application,the court will send the notice of dishonor and the notice of the validity,and confirm the invalidity of the rights certificate, and then give the applicant the original rights. The public peremptory notice system of China is quoted in the civil procedure law of Germany,for the provisions about public peremptory notice system in German laws have meticulous content and rigorous logic. In view of the controversy and query caused by the practice of the public peremptory notice system's legislation and justice in China,this paper adopt comparative research method from the standpoint of adhibition, combining with the relative laws in Germany,giving specific suggestions for the imperfection of public peremptory notice system in China in terms of legislation and justice, in hopes that we can offering help to perfect the theory and practice of public peremptory notice system in China. Apart from the comparisons of public peremptory notice system in China and Germany,this paper will give improving suggestions for the system from six different standpoints.Chapter one: overview of the public peremptory notice system. Illustrating the importance and significance of public peremptory notice system in real life,raising questions from the current situation of the legislation and justice in China.Chapter two: The public peremptory notice system in Germany.Introducing the scientificity and rationality of the public peremptory notice system in German legislation,according to the characteristics of deutsche the civil procedure law that is accuracy and preciseness.Chapter three:Scope of the Procedure of Public peremptory notice system and improvement.According to the scope of the Procedure of Public peremptory notice system, China's legislation applies only to bills, compared with German, their legislation is applicable to many situation of excluding human rights. Proposed legislation on the scope of the public notice procedure recommendations and Discussed separately about the Blank paper and Public peremptory notice system of Stock Application.Chapter four:Application.of the Procedure of Public peremptory notice system and improvement. From the main part of the Procedure of Public peremptory notice system,the The jurisdiction of the case and the relief of dismissing the application,and from the point of Protecting more interested,compared with German, Put forward the Concrete improved proposals for the Procedure of Public peremptory notice system.Chapter five:The period of the Procedure of Public peremptory notice system. Learning form the legislation of German.from the starting date and the period of the Publicity, for different types of publicity, Put forward the Concrete improvement proposals.Chapter six:The Publicity of Public peremptory notice system.This chapter is the main part of the whole article which is for the Public announcement which is the most disputed and it has a critical reference of German legislation. In this chapter,the author proposed a Public announcement which is applicable to the current status of social development.Chapter seven:Some contingent problems when the Procedure of Public peremptory notice system is under conducting. In addition to the aspects mentioned above, the author aimed at the effect of notes transference during the announcement time, the assurance and consignation of the applicant and the attribution of the interest of the notes during the announcement time these three parts, proposed some improved proposals.Chapter eight:The invalidating judgment of the Procedure of Public peremptory notice system.To discuss the invalidating judgment which the Procedure of Public peremptory notice system finally makes effect from its effective range and revocation. and raise specific recommendations in light of practice.