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Research On The Withdraw Of The Third Person Of Civil Procedure

Posted on:2016-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhengFull Text:PDF
GTID:2296330461475605Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In general, the civil procedure only resolving the controversy of the civil rights over the parties. But, with the complicated development of legal relationship and the expansion of the decision effectiveness, as a result of the court trial, the effective judgment not only binding on the parties, but also affect the legitimate rights and interests of a third person. The third person not to participate in the proceedings, and lack of effective rights procedure afterwards, but their rights are damaged because of the effective judgment. Obviously, it is unfair to the third person. When the legitimate rights and interests of the third person is damaged innocently, the law should endow the overall effective means of relief to the third person. As a new procedure, the third person to cancel procedure is the bold exploration of civil litigation legislation, and the great progress of civil litigation concept in our country. But it is undeniable that owing to rough on the legislation, since the implementation of the litigation of our country, the third person to cancel procedure appeared many problems, so that it’s difficult to apply in judicial practice.This article start with the concept, nature, characteristics, function and the theoretical basis of the third person to withdraw. Then combined with the rule of law practice in our country, elaborates the realistic need to set up this kind system in our country, and puts forward constructive suggestions. Specific organizational structure is:The first chapter is the detailed introduction of the litigation of the third person to cancel procedure. The second chapter is the research on foreign legislation about the third person to cancel procedure; The third chapter is the legitimacy basis of building a third person to cancel procedure in our country, mainly from the absence of application of the system and the problems in practice to introduce, and combining with the current defects, introduce the realistic necessity in detail of the related system about the withdraw of the third person in our country; The fourth chapter is the improvement of the system of the third person to cancel procedure, this paper mainly discusses to design the concrete application of the system and the matching system settings, as well as the cohesion with related system.
Keywords/Search Tags:Retrial procedure, The third party objection proceeding, Procedure guarantee
PDF Full Text Request
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