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The Study On Improvement Of The Lawsuit Of Civil Execution Dissent In Our Country

Posted on:2013-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:M F JieFull Text:PDF
GTID:2246330374969969Subject:Law
Abstract/Summary:PDF Full Text Request
Along with the development of the socialist market economy, increasingly active economic, complex economic relationship, people through the judicial process of civil to solve disputes have became increasing. But for some reasons, more and more civil disputes can not get implementation, so formed the phenomenon of "difficult to execute". In order to advance the efficiency, and reduce the phenomenon, enforcement authorities tend to ignore the rights of the debtor and the third party. The implementation process of the performance defects badly damaged the legal rights of the debtor and the third party. In order to protect the rights of them, for reflecting equal rights of people, we must set up a perfect execution relief system, giving the debtor and the third party litigation rights, to effectively regulation enforcement system. Then achieve restriction to authority and ensure people rights.In2007,"the People’s Republic of China Civil Procedure Act"("the civil procedure law" for short), and in2008published "the supreme people’s court apply to’the People’s Republic of China Procedure Act’The explanation of execution procedures issues"("explanation of execution’for short) has certainly specified the lawsuit of third party dissent. So, our country sets up the lawsuit of execution dissent preliminarily. The progress of the legislation is worthy. It improves the way of execution remedy. It also provides more ways for the parties when they need relieves. The paper analysis civil enforcement objection of the concept, nature of lawsuit from theory, and make a comparison of the lawsuit of third party dissent and the lawsuit of the debtor dissent from foreign and Tai Wan, drawing on the experience of them. In order to perfect our country’s the lawsuit of civil execution dissent.The paper consists of four parts:The first part mainly discusses basic theory of the lawsuit of execution dissent. Firstly, this paper expounds concept of the lawsuit of execution dissent, characteristics. Secondly, this paper discusses the nature of the lawsuit of execution dissent, I puts forward own ideas. Finally, respectively expounds two major types of the lawsuit of execution dissent:the lawsuit of the third party dissent and the lawsuit of the debtor dissent.The second part mainly inspects related legislation included:the Anglo-American law system, the continental law system of Germany, Tai Wan, briefly reviews the same and different of them.The third part introduced the lawsuit of execution dissent system in our country present legislation. Then concrete analysis of current the lawsuit of execution dissent system. Point out the lacks of the legislation. To improve the types of the lawsuit of execution dissent, It is essential to set up the lawsuit of debtor.The fourth part the author comes up with suggestions about how to improve our country’s the lawsuit of execution dissent system. There are two primary sides: On the one hand, improve existed the lawsuit of the third party and set up punishment to malicious lawsuit; On the other hand, improve the lawsuit of execution dissent species, and set up the lawsuit of debtor. To operation in the practice, making the lawsuit of debtor’s procedures clearly is necessary.
Keywords/Search Tags:dissent to execution, the lawsuit of execution dissent, thelawsuit of third party dissent, the lawsuit of the debtor dissent
PDF Full Text Request
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