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Complete Study On The System Of The Vacation Of The Third Party

Posted on:2015-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:R J GeFull Text:PDF
GTID:2296330431951169Subject:The civil procedure law
Abstract/Summary:PDF Full Text Request
For a long time, in the field of civil litigation in our country, to take effect to judge harming the interests of the third person of litigation system is not sound. And the civil judicial practice in recent years, the use of litigation would prejudice the legitimate rights and interests of a third person problem are very serious. In2012the new "civil procedure law" in article56, one paragraph is added as the third paragraph, and established the third person to cancel the proceeding. The suit of the third party discharging the judgment is a system that aims to safeguard the legal rights of the third parties affected disadvantageously by the judgment force. The author tries to have a comprehensive grasp of this question which is of the suit of the third party discharging the judgment, and hopes to give some help to the legislation in the future.The third revocation lawsuit system in our country, however, legislative provision is only one, which may appear more is to solve the conflicts and loopholes, urgently needs to be on the basis of fully using the experience of extraterritorial legislation, outside the building with Chinese characteristics in the third person cancellation proceedings of a complete system.From a macro perspective, this article first part of the third person to revoke the litigant system the connotation, characteristics, operation flow, function orientation and the theoretical basis of the three aspects, the third person to revoke the litigant system systematically. Let the reader of the third person to revoke suit is have a whole understanding.The second chapter analyzes the third person to cancel lawsuit procedure in the operation of the problems. The third person to cancel the legislative provisions is too simple. So there are conflicts and blanks in the legislation.Third part reference in France and Taiwan of the relevant provisions of the law, to find out the third revocation lawsuit system in our country is worth in the process of legislation and judicial practice, can learn and reference.Through to this part of the study, the fourth part is mainly to mentioned in the second part of the problems existing in the judicial practice in our country make a deep analysis, and puts forward some opinions or suggestions. The author attempts through to the third person to withdraw to a more comprehensive grasp suit issues, and have a hope to promoting the program.
Keywords/Search Tags:Withdraw of the third person other than involved in the case, Dueprocess, Procedural protection
PDF Full Text Request
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