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The Research Of Judicial Relief For Invalidating Judgement

Posted on:2014-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:J Y XieFull Text:PDF
GTID:2256330422454482Subject:Law
Abstract/Summary:PDF Full Text Request
Public summons for exhortation is the system by which theapplicants apply to the court after the judgement of invalidation fornegotiable instruments. Through the procedure the rights of the interestedare protected. When the applicant is not the final bearer, the Article223,Law of Civil Procedure, assumes that the litigation is a relief for theinterested party. However, that proceedings here refers to what kind oflitigation is not expressly stipulated by any law, so there are many kindsof explanations in practice, such as torts, confirmation or revocation.This presentation analyzes these explanations and proposes personalimprovement suggestions on Chinese public summons for exhortation.This presentation is divided into four chapters. Chapter one “Invalidatingjudgment and judicial relief”, which analyzes public summons forexhortation and the legal effect of invalidating judgment, elaborates thenecessity of judicial relief for invalidating judgment and studies the corresponding provisions In domestic and overseas. Chapter Two “Theinterpretation of article223of Civil Procedure Law of the People’sRepublic of China" introduces in three cases which represent threedifferent approaches taken by the courts. This article suggests thatrevocation is the most reasonable approach in the level of law. ChapterThree “Constitution of the revocation and improvement of legislation”analyzes the character and composition of revocation, compares therevocation with the cancellation action by the third party and providessome suggestions for the amendment of the Law of Civil Procedure. Thesuggestion is adding the revocation provision, and set up the relatedsupporting measures. Chapter Four“Conclusion”, which summarized thefull presentation, put forward an issue that unified the judicial relief wayof revocation at the legislative level for Maintaining the social economicorder.
Keywords/Search Tags:public summons for exhortation, invalidatingjudgement, revocation, judicial relief
PDF Full Text Request
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