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Study On The Re-improvement Of The Third-party Opposition In China

Posted on:2016-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:L H ZhuFull Text:PDF
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The third-party opposition system, the third party’s participation in the trial, the opposition action and retrial system jointly constitute the security system of third-party interests, and for our country, we set up this regime to curb falsified litigations and malicious litigations. But in the new civil procedural law, there is only one article explaining the regime and the new judicial interpretationmakes so few supplements that cannot effectively resolvethe problems highlighted in practice. In order to make this regime run better, we have to make a more detailed specification and considerationsfor the amendment of the law and the judicial interpretation in the future.In this paper, I adopt the method of induction and comparison analysis, sorting out the existing laws and the judicial interpretationsconcerning the third-party opposition system, analyzing the existing legislative problems and combining with the troubles of the judicial practice, mirroring the way that these problems are solved in France and Taiwan and scholar’s points, and putting forward four ideas that regulating these problems to make the legislation more normative and protect the third party’s interests better. This article is divided into three parts:introduction, text and conclusion. The text includes three parts. The first part is a summary of the third-party opposition system from its concept, theoretical basis, the establishing necessity and the current laws and the judicial interpretations. The second part is to summarize four problems about non-standard legislation, regarding that the object of the verdict is improper, absence of subject protecting and procedural sequence is improper, by analyzing existing laws and judicial interpretations combining the problems appearing in judicial practice. The third part draws lessons from France and Taiwan region on the regulation of the above problems and the views of scholars, putting forward four ideas to solve these problems so that the regulation of our country on the third-party opposition system can be more impeccable.
Keywords/Search Tags:the third-party opposition, legislation, object scope, subject scope, procedure selection
PDF Full Text Request
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