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Research On The Construction Of Civil Lawsuit Cases Acceptance And Objection System

Posted on:2016-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:S YangFull Text:PDF
GTID:2296330464958817Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
System Civil cases in our system Litigation initial position, with a very critical position in the civil litigation system. But China’s "Civil Law" for the defendants and the case is admissible interested Third Party opposition system did not have a clearly defined. In today’s judicial practice, due to the abuse of the right to sue the plaintiff to the defendant innocent and the case of the Third Party brought a lot of interest in unnecessary losses. After the case to the end, the court may grant the defendant’s interest in the case and the Third Party a fair referee, but the time and money losses caused throughout the proceedings but it is irreparable. When the plaintiff filed a civil action, the defendant and the case of the Third Party interested how to better protect their legitimate rights and interests are not infringed, has become the focus of our attention. Dimensionless, accept opposition system established case has its objective necessity.The full text is divided into four parts: Firstly, the theoretical interpretation of case acceptance opposition system, first introduced the system of specific objections to the admissibility of cases connotation refers to the admissibility stage in the case, the plaintiff, defendant, or with an interest in the case of the outer case to make people believe that the People’s Court accepted the case if ruled against the main interests of achieving the above procedures and entities of interest, which can be filed objections to the application at the beginning of the filing, the court must make a specific ruling in the prescribed time limit, where a defendant and the case interested Third Party refuses to accept the court’s decision to make, you can request an appeal in accordance with law. Second, the theoretical basis of specific civil cases Objection System. Secondly, the introduction of the legislation of study abroad case acceptance opposition system, obtained outside the useful experience for our reference. First, through the principles of good faith and "legitimacy" principle regulation; the second is to determine the admissibility of a case of infringement liability opposition system; the third is the abuse of the right to sue the plaintiff’s conduct established punitive measures, in order to regulate the behavior of the plaintiff’s prosecution. Again, the need for civil cases accepted analysis Objection System Construction of China, on the one hand the lack of analysis of the dangers of case acceptance by opposition system, and our lack of such acts indeed security system; on the other hand to build civil cases accepted analysis system significance, is an important way to solve the plaintiff sued the abuse of rights. Finally, to build our system of civil cases received objections specific ideas, first analyze the admissibility opposition system applicable conditions, including making body, made time to make way. Second, according to judicial newly revised "Civil Law" interpretation of the provisions of filing the registration requirement censorship, can effectively prevent the occurrence of abuse the right to sue the plaintiff acts in filing stage. Also reasonable to build a court case ruled admissible opposition system rules. Third, case acceptance system for supporting opposition procedures, litigation notification system and expand the scope of the Third Party participation in the case of a timely notice of the defendant and the case of the Third Party interest involved in litigation to protect its interests. Fourth, a clear case of the legal consequences of accepting opposition system, through some specific punishment mechanism, you can better regulate the behavior of plaintiff.
Keywords/Search Tags:accept opposition system, abuse of the right to sue, the protection of the right to appeal
PDF Full Text Request
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