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On Opposition To Execution V.

Posted on:2012-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:X Y HouFull Text:PDF
GTID:2216330368994203Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil enforcement is the last defense line of the judicial fair, is the last procedure of protecting and realizing private right , so it is vital significant. However, the enforcement procedure is a double-edged sword, in the implementation process, for one hand it may effectively deter the parties who refuse to perform an obligation, and protect the rights of the realization of human rights; on the other hand, if it not legally be enforced properly, it would infringe implementation of the lawful rights and interests of the parties and the Third Party. Therefore, we must establish and improve the implementation of the relief system, given the right of the debtor and the Third Party proceedings, to effectively regulate the enforcement regime, so as to realize the constraints of power and rights protection.In 2007, the newly revised Code of Civil Procedure specifies the objections of the Third Party complaint system, thus the implementation of a preliminary objection to the complaint established a system of progress of this legislation is worthy of recognition, it improved the implementation of remedies for the parties their legal rights to provide relief to more channels, but there are still many deficiencies. Therefore, my objection to the appeal system implementation we need to be further improved. This in-depth analysis of the implementation of objection to the legislative status of the complaint, summary of existing legislation on the basis of lack of progress and put forward a sound system of the implementation of the concept of Action of opposition to China's opposition to execution can improve the action of benefit.
Keywords/Search Tags:lawsuit against the execution, the third party dissent, dissent action of debtor
PDF Full Text Request
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