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Discussing The Promotion On Opposition To Execution Of The Third Person In China

Posted on:2014-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:S LuFull Text:PDF
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The civilian implementation has always been a hot issue in China,but also the difficult problems. Chaos, difficulty and objection onimplementation always come out. Sometimes it looks like protection onthe surface, but the legitimate rights and interests of the third person’sbeen against by improper execution behavior. New "Civil ProcedureLaw" has made special provisions for the implementation of the thirdperson objection. There is no doubt that this is a huge step forward. Theintroduction of this provision makes the third person’s right got timelyand effective legal remedies in the implementation and got the maximumprotection on the legitimate rights and interests against unlawfulinfringement.But for the provisions in the law on the civilian implementation isnot still enough, and there is no clear provision for specific matters, sothat the third person does not become a system of opposition to execution, compared with civil law countries such as Germany andJapan is not still perfect. In addition, the new law as a fledgling,there area lot of inadequacies inevitably on third party opposition to execution.This article research on the basis of the relevant systems and otherforeign, especially in civil law countries comparison, raise opposition toexecution of our third party v. the perfect views, in order to be helpful toopposition to execution of our third party.This paper is divided into four parts:The first part is about the third objection to execution, the authordiscussed on third party opposition to execution basic concepts, doctrineargument. Part through the analysis of its characteristics, the concept ofthe nature of the more comprehensive the third objection to execution ofan elaborate play a role in commanding the full grasp of the fundamentalExecutive objection, below commenced, and the complaint perfect theway. The second part of the system of other countries on third partyopposition to execution, an introduction and detailed analysis, especiallyfor civil law countries. By contrast in the form of learning the othercountries advanced in this appeal, we forward the development of theroad in this weather vane avoid detours., As the saying goes, take peopleand make up our own short.The third part, I made the analysis in change and status on China’sthird objection to execution, by the formation of the historicaldevelopment, combined with the basic national conditions of our country,resolve some drawbacks and focus on the key issues to make a detaileddiscussion, the saying goes, you want to treat an illness, need to knowwhere the etiology.The fourth part, which is the core part of this paper, but also closelyconnect with the upper part. Through the above analysis, the author givesome perfect views in this section for third party opposition to execution. From perfect the program and time to punishment to malicious litigation,I hope to helpful through the implementation of the third personobjection.
Keywords/Search Tags:Third Person, Civil Enforcement, Perform Relief System, Implementation of Third party Objection
PDF Full Text Request
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