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An Exploration On The Type Of China's Third Party In Civil Procedrue

Posted on:2013-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:X M GaoFull Text:PDF
GTID:2216330374963722Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The third party system is an important system of civil action, is the world's countries generally adopted an important litigation system, to establish and perfect the system of the third party to promote the reform of civil procedure system has play a decisive role of significance.1982" Civil Procedure Law (Trial)" in China is the first legislation in the form of specification third lawsuit, marks the third person system was established formally in our country. After about third litigation legislation has been revised several times, but basically maintained a when establish the main content. The parties of the litigation mode was introduced into our country, people of the original in the third party system authority strong normative criticism gradually expanded. This article is in the theoretical circles on the third party system has a large number of questions and comments, on third system put forward various suggestions after the presentation of a new thought to solve the problem, the third types as third people to solve problem cutting a point is the most distinguishing feature.The main contents of this paper:the first chapter is the summary of our country third party in civil litigation system basic situation, at present third people system problems, theoretical research, the second chapter introduces abroad to participate in the concerned case of a system, through to the domestic and foreign related data analysis system of third person, third person on the basic theory of the system, third system of genuine value and objective summarizing. The third chapter of the third party system theory studies the process, its theory is introduced. Especially some influential theories were introduced and analysis, understanding of these different theories and their advantages and disadvantages are summarized, their mutual relations, to reach on the current theories have certain understanding and grasp the extent of. The fourth chapter will be the perspective on third types of our country, from the existing third types of analysis, obtains third types should follow the train of thought and pattern, put forward new third types, and in theory with the third chapter of the research results, the new third type classification based on and the significance of dividing demonstration. The fifth chapter is the key chapter of the text, the author in this chapter focuses on the initiative to participate in type third and type third passive into the definition, characteristics, their scope, in order to enable readers to fully understand the intention of writing and theory analysis. The full text divides into five chapters, in accordance with the problems on the step by step to start.
Keywords/Search Tags:system of third person, third party in litigation, participate in theproceedings, take the initiative to participate, the passive introduction
PDF Full Text Request
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