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Outsider Objection Lawsuit System Research

Posted on:2014-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:X P YangFull Text:PDF
Abstract/Summary:PDF Full Text Request
After four years of the civil procedure law in2012and ushered in a major change, but for an outsider execution objection suit is the content of the little change, this is not a representative about an outsider objection to suit the development of theory and practice has become perfect, on the contrary, it is the system theory and the practice of hard times, the development of related theory, practice requirement to execute effective also makes the system of disputed that in the beginning, because of this it is necessary to carry out the system of the related theory of a comb, it is necessary to combine the present time is a reasonable prospect of the system, and puts forward some opinions, this paper will be divided into four parts, the essay discusses on the issue:The first part, the counterproposal outsiders objection lawsuit introduces the connotation and value of the function, for the cause of the parties involved in the eligibility questions, problems, as well as the nature of the dispute a more clearly.The second part, the counterproposal outsiders objection proceeding conducted a comparative law on the inspection, for several typical continental law system countries and region segmentation contrast related content, and put forward personal practice sums up the point of view.The third part, the author try to analyze the existing situation of the system in our country, the first legislative status quo makes a historical investigation, at the same time to the current law of positive factors and shortcomings are to be pertinent evaluation, the final objective of the analysis the reason of the existing problems of the system.The fourth part, through the above three parts of matting and description, the author through personal summed up the experience in practice, put forward opinions for the perfection of the system.Research starting point of this article based on Chinese situation, although to complete legislation greatly admired abroad, but also not blind obedience, and instead, based on their own practical experience for part of the discard of the legislation based on the personal opinion, the author thinks that the perfection of opinions is operable, hoping to counterproposal outsiders objection suit system of perfect to make useful contributions.
Keywords/Search Tags:compulsory execution, outsider’s defense, Execution relief
PDF Full Text Request
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