The Research Of The Interests Of Human Rights Protection Instruments

Service by publication is the procedure in the Civil Procedure Law.It hastemporarily stopped paying, prevent the fare was false, for judicial relief role for theloss of the notes.But the holders are difficult to notice the bill have not been serviceby publication,because of the limited published.The core of the public summons system is to protect the real loser’s rights ofnegotiable instrument.How to protect the legitimate rights of the present holder whensomeone lied that Bill lost or application for invalidating judgment maliciously.Especially when the reality of the holder that bill rights have been infringed, andthe right to claim for payment of bill right exercise leads to the actual damagesituation in invalidating judgment.This paper analyses the present holder sued the ex right applicant through a realcase. The purpose of this paper is to give several solutions.The full text is divided into four chapters.The first chapter starting with the typical cases. The legal issues leads to disputesthrough the judgment of the court.The second chapter focus on the influence of the procedure of public summonsto the lawful holder. Announcement deadline is very important to interested person.Orlawful holder of bill right will be lost.The third chapter introduce the second controversial issue, the right relief of thelawful holder. After invalidating judgment, lawful holder could relief the rightthrough the lawsuit.The fourth chapter discusses the interests protection system of human rightsinstruments in service by publication of China. First of all, that pointed out somequestions of service by publication. Then reference the solutions in the law of Taiwanand German. Put forward four solutions to protect the interests of the lawful holder.The last part hint of human rights instruments in the current system.