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A Survey Of Civil Execution Objection System Employed In Local Courts Of Law

Posted on:2013-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:C J GuFull Text:PDF
GTID:2246330395488028Subject:The civil procedure law
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This report focuses on the research of the contemporary operating process of China`scivil execution objection system towards primary court. Based on researchers`long trans-regional survey and the investigation of execution behavior of a number of regionalintermediate courts and basic courts objection system, and then applying multiple theoryimplement of law, statistics, sociology and other disciplines to do statistics analysis andtheory research. Ultimately it will help improve China’s civil execution objection system.This report is divided into three parts:The first part is an introduction to the report about the theme, objects, procedures andmethods of the investigation. The civil execution objection system in this survey is restrictedto the execution behavior objection system, system of the reconsideration of executionbehavior objection and the objection system of certain target involved a third party. It alsoexcludes jurisdiction objection system, complaint of objection to distribution and theobjection complaint involves a third party. The object of this research report is the primarycourts and the intermediate court of the mainland. The researchers did field researches in sixprimary courts in Jiangsu, Zhejiang, and Chongqing and indirectly obtained the first-handdata about execution objection systems in parts of other provinces including the primary andintermediate court. Meanwhile the researchers collected law documents, which amounted tomore than230copies, of dozens of primary and intermediate courts via SWUPL library, theWESTLAW database channels and other ways. More than that, the investigators alsocollected ten more internal instructive documents of intermediate and high court in Beijing,Zhejiang, Chongqing, Jiangsu, all concerned with execution objection examination. The maininvestigation methods include literature analysis, interview, discussion survey, quantitativeanalysis and questionnaire survey method.The second part is the core of this research report. The investigator selected threedimensions of execution behavior objection system, system of the reconsideration ofexecution behavior objection and the objection system of certain target involved a third party,focusing on the logical line of the start, examination, conclusion of the execution objectionprocedure as well as making use of character, chart to present a full-round judicature operating process. To conclude, we paid great attention to the different practice innovations ofprimary courts in various sections while lacking related laws.The third part is the theoretical innovation part of this research report. After full andaccurate investigation census of contemporary operating situation in primary court civilexecution objection system, the researcher applied diagnostic tools of multiple subjects toconduct theoretical analysis of the problems revealed from the conclusion of the second part.Researchers also did some thorough analysis on the three dimensions of execution behaviorobjection system, system of the reconsideration of execution behavior objection and theobjection system of certain target involved a third party as well as putting up with somesuggestions to improve and perfect our country`s civil execution objection system.Researchers have given up traditional qualitative analysis-based method and legal principal-based exploration. The focal point of the analysis is not the law theory logic, theory doctrineor comparative law. Rather, we focused the judicial practice on how primary courts deal withexecution objection cases under the circumstances of law-making. Another focal point is thecountermeature research of judicial practice apartment when dealing with execution objectioncases.
Keywords/Search Tags:primary courts, civilian implementation of the objection system, execution behavior objection, objection to reconsideration of the Executive behavior, outsider raises the subject of objection
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