Font Size: a A A

Research On The Lawsuit About Outsiders’ Dissidence To Execution

Posted on:2015-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y J DengFull Text:PDF
Abstract/Summary:PDF Full Text Request
Historical development of human society, the rights and remedies have always co-exist,there is no remedy to protect the right to be false, like castles in the air. Only thepresence of viable relief program, will have the right to speak in the true sense. In thelegal field, when the case into the execution of the program, this should be nocontroversy fulfill instruments executed in force should not be involved in the disputehave substantive rights and obligations, but such a state encountered complicated lifewill instantly become a reality ideal.In some cases, when due to some illegal or improper conduct enforcement agencies toenforce the rights and interests are infringed upon leaving the outsider, the law in orderto safeguard the legitimate interests of the Third Party, Third Party filed objectionsgiven the right of appeal, thereby entities to achieve justice and civil executionprocedures justice. Third Party objections are exotic concepts, theoretical foundation inChina is not very deep, in2007when the first amendment to the Civil Procedure Lawinto formal legal system in the past, with the broad-brush specification. It is preciselybecause no detailed legislative, resulting in a series of practical problems.This article attempts from defects and deficiencies both legislative and judicial levels todiscuss how to improve the system of the outsider appeal objection. On the legislativelevel, through the existing legislative provisions shortcomings and deficiencies pointedout that the main scope of the provisions of the Third Party objection complaint was notsufficiently clear, there is no ambiguity on the concept of outreach; law proceedingswithin15days of the relief period is too short; mention the subject is too abstract;review conducted by the agency which also provides for agency review is not clear;enough reasonable pre-program settings. Judicial practice level, this paper is to dealwith the problem is indeed the right cases, the hearing instrument normative issues andreferee dispositif expression issues were discussed.I borrow the distinction between the concepts and theories introduced to clarify theconcept and nature of the Third Party objection appeal. On the legislative level,through the defects and shortcomings of Appeals Third Party objection legislativeanalysis, in order to raise the main scope of the outsider appeal should be made clearobjection to extend the period of the Third Party prosecution objection, refine the Third Party objection grounds, a clear review body repealing the pre-procedural point ofview; from the judicial level, to ensure the application of the right to discuss issues andhear the referee normative instruments dispositif expression issues and other issues, Ibelieve that the practice should be to ensure that the right, supplemented confirmationeffectiveness, while standardizing the trial content and standards, clear judgmentdispositif expression content. In short, the Third Party Civil Enforcement objectioncomplaint system as an institution established in2007after the Civil Proceduremodified, with strong theoretical and practical difficulty of the operation is large, raisedhopes for further reflection and discussion focus on existing problems and research,improve legislation and judicial practices.
Keywords/Search Tags:Civil Execution, Executive Relief, Outsider, Lawsuit of Objection
PDF Full Text Request
Related items