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Comments On The Civil Action Third Person System

Posted on:2013-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:X M XuFull Text:PDF
GTID:2246330395970597Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
The essence of the participants in the proceedings system to recognize the existence of an objective reality:civil action may not always be in between both, in some cases, a specific lawsuits often involve a third party, or in this case both sides may exist in addition to the parties and third parties with a stake in the rights of a party to the case advocate. In this case, China has established a system of third person from the practice run, there are many problems that need to be improved.In recent years, with a really profound change in the transformation of the social, economic development, institutional changes, our experience in the field of judicial system, the reform of the judicial system has also become a hot issue in recent years. Reforms in the field of litigation from the initial simple and more judicial system reform to the way of the individual case to comprehensive reform. Through a period of reform, the civil action has been great progress in the establishment of the civil litigation system with Chinese characteristics, procedural justice has been widely recognized, the the weakening Court authority, and gradually establish the parties’litigation system. But we can see, there are many not suited to China’s economic development level, unsuited to the transition period in the current civil litigation institutional various requirements. Improve the civil justice system and how to strengthen the the perfect supporting civil litigation system, in order to achieve institutional uniformity and contrast viable system is an urgent need for reform of the current civil litigation system.With the increasing complexity of social life, social contradictions continuous development of diversified civil disputes and litigation, complex, and extensive. The pattern of civil disputes, litigation of the plaintiff and defendant both parties of the traditional opposition in complex civil disputes seem powerless. The value of civil third party litigation increasingly important manifestation. Therefore, how to build a modern complex civil litigation both a pursuit of litigation efficiency, and protect the civil parties and the substantive and procedural rights of a third party the Civil Litigation third party litigation system, it is particularly urgent. This article intends to reconstruct and improve our current civil litigation system of third party for the purpose, to study and analyze the evolution of the system and the basic characteristics of the major national civil action third person, and learn its advantages. History and basic characteristics of the control of a third party system, analysis of our civil third party institutional shortcomings, learn from other countries a bit, is committed to exploring the third party system to adapt to China’s current stage of development of civil litigation specification makes our Civil Parties institutional theory and legislation has been standardized.
Keywords/Search Tags:Civil action, Third Party System, Reconstructed
PDF Full Text Request
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