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On China's Promotion Of The Outsider's Objection During The Civil Enforcement Procedure

Posted on:2013-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:N N PengFull Text:PDF
GTID:2216330374964137Subject:Procedural Law
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In the process of civil enforcement, execution authorities often determine the ownership of the material according to principle of property rights publicity and external manifestation, property of the outsider are often involved during the enforcement process, thus resulting to possible damages of the outsiders'property rights and interest because of mis-execution. This "enforcement disorder" phenomenon is one of China's current widespread concern. In order to solve this problem and provide effective and timely relief for the outsiders, the Civil Procedure Law(amended in2007) establishes the outsider's objection suit. During the civil implementation process, if the outsiders claim to have the subject's ownership or other rights sufficient to exclude enforcement request, they can ask for substantive legal relations referee prior to the termination of the enforcement, so that they can avoid suit originning from the civil enforcement process by the execution office. As a way to provide protection for the entity rights in the civil enforcement relief system, this regulation offers institutional protection and channels to safeguard outsider's legitimate rights and interests. Although the Civil Procedure Law of China clearly states the outsider's objection suit, but there is no detailed information telling us how to run this system. It simply states the subject matter, the defendant and jurisdiction referee effect, which leaves a lot of room for discretion. Thus it seems that our outsider's objection system still needs to be improved. Focused on perfecting our outsider objection system, this paper use comparison, analysis, inductive method, to discuss about some thinkings on the promotion of our outsider's objection system.This essay is divided into four chapters:It talks about the basic theory of outsider's objections suit in the first chapter from the following aspects:connotations, concept analysis, characteristics and nature of the appeal.It then furthers a comprehensive theoretical analysis about the subject matter, appeal, appropriate criteria and judgement abilities, leading to a final discussion about the values. In this chapter, the author makes a systematic, comprehensive analysis of the basic theory of the outsider's objection appeal, providing proper theoretical bedding for the following leverage.Comparing China's system with other Civil law countries and areas, mainly including Germany, Japan, and Taiwan, the second chapter spread wide to oustsider's objection system in other countries and areas. The author makes elaborative ananlysis on those countries'outsider's objection appeal system to provide source to defend her theoretic opinion.The third chapter makes a thorough analysis of China's current outsider objection suit system. With the first part summarizing the provisions of China's outsider objection appeal system, the second part followed the storyline to point-out some deficiencies in the system. Taken into consideration of the judicial practice operational problems, the third part provides suggestions to improve this system.The fourth chapter is on some concrete thinking to improve our outsider's objection suit system. In this chapter, the author forms her understanding about the principles of building an excellent outsider's objection appealing system. It contains influential elements like main prerequisite of a suit, time and manner, case filing and trials, convergence of the suit and enforcement procedures and coordination problems with other systems.
Keywords/Search Tags:the outsiders, the objection suit, civil enforcement, relief system of civilenforcement
PDF Full Text Request
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