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Legal Thoughts On Our Bill Public Peremptory Notice Procedures

Posted on:2015-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:K X QiFull Text:PDF
GTID:2266330428457549Subject:Law
Abstract/Summary:PDF Full Text Request
Public notice procedure is the holder of the bill after the loss of right remedy means, is aspecial procedure in civil procedure law.Through the loss of people’s application, notice tostop by the court and the announcement of a certain period, to confirm the document of title isinvalid, thus to empower the applicant of the original, it simplifies the litigation procedure,shortens the settled time limit.Although our country law and judicial interpretation has rulesto the public notice procedure, but fine add deliberate, can find these rules are general andvague.But because of imperfect legislation lead to the application of this system in judicialpractice there are many defects and shortcomings, often appear in judicial practice becausethe court is different, the same case case results may vary widely, even using the public noticeprocedure misrepresenting paper loss make crime, so improve the public notice procedure billbecame an important and difficult problem.In fact, including the theoretical circle, bankingfinancial institutions, enterprises and other related paper business and paper market main body,the contents of the system of public notice related terms and modify has called for a longtime.Given the current our country on the legislation of public notice system imperfectregulations and judicial practice in handling such cases caused by the debate and confusion aswell as the academic attention to the system.In this paper, according to the paper structure ofcase analysis, first of all, an introduction to the case of the reference to the case;Second,dispute issues involved in the case of anatomy, step by step through each focal point oflegislation, theoretical research and judicial practice in the specific operation, the comparisonof domestic and international legislation, summed up the public notice procedure in ourcountry’s legislative loopholes and defects;At last, it puts forward to perfect the public noticeprocedure. The article content mainly includes the following four parts:The first part: in the civil procedure law of our country, and in the negotiable instrumentlaw and relevant judicial explanation to public notice system of the processes associated withthe rules.But, our country law about the provisions of the public notice procedure comparedwith developed countries, there are still many defects and unreasonable place, and regulationis very rough, not adapt to the current developed paper business and commercial activities.Inorder to ensure the lost ticket relief public notice system, maintaining the public noticeprocedure the lawful rights and interests of the parties involved and the social economic order,it is necessary to reform and perfect our country’s existing system of public notice.The second part:In the back of a certain salt company v. shijiazhuang bearing factory paper claim dispute case as an example,On the basis of case introduction summarizes thedispute focus of the case,Include:1, the cognizance of the instrument in the public notice;2,public notice and during the announcement of announcement;3, in addition to the rightdecision to make after the interested party the right to relief;4, public notice of fraud legalproblems.The third part: analysis of the cases involving the focus of the problem one by one, toeach focal point of legislation, theoretical research and judicial practice in the specificoperation and comparing the legislation of other countries abroad, summed up the flaw andthe insufficiency of public notice procedure in our country. Specific include: a, legislation onthe provisions of the instrument, the practice in public notice how the court decided that theinstrument and the perspective of theoretical analysis; Second, the announcement of thepublic notice and public announcement during a loophole in the legislation and how to makeup the defects in the legislation; Three, wrong judgment after an interested party exceptauthority based on warrant you can ask the court to revoke a judgment except authoritylawsuit, apply to the court of such revocation v. an ordinary procedure, interested persons inaddition to can apply for to revoke a judgment of abridgement of rights to rights protection,can also directly with the false claim the instrument undeserved man returned and the civilinfringement lawsuit, also can to claim his prior to civil rights to remedy their rights; Four,from the subjective and objective analysis on the components of the public notice of fraud,and what is contributing to public notice of fraud happens constantly. Ownerless qualitativedue to fraud, fraud criminal law fraud besides bear civil liability to bear criminalresponsibility.The fourth part: on the basis of the above analysis, the public notice procedure putforward legislative Suggestions to perfect our paper, mainly including: to expand the range ofthe instrument in the public notice and made in the form of legislation; Extend public noticeperiod and to establish a public notice information flow mechanism; Specified interested partyon the basis of legitimate reasons for error of judgment except authority can apply for torevoke a judgment of abridgement of rights to apply for the defendant, to revoke a judgmentof abridgement of rights is the people’s court shall apply the ordinary procedure, the partiesmay appeal is not satisfied with the results; To public notice of fraud in this kind of fraudcrime of fraud of the listed in the "criminal law".
Keywords/Search Tags:Public Peremptory Notice System, In addition to the right decision Publicnotice of fraud, Suggestions Of Perfection
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