Font Size: a A A

On The Rights Relief System For The Outsiders In Civil Execution Procedure In Our Country

Posted on:2015-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:D XiaFull Text:PDF
Abstract/Summary:PDF Full Text Request
In the civil execution work, the characteristic of the execution work determinesthe execution work must be done quickly and in a timely manner, it only can beexecuted according to the exterior appearance to judge the subject matter of theownership, the case of the person subjected to execution has use executive mark-asall of the implementation of the subject matter generally, the current level ofenforcement staff business is uneven also,all these lead to, an outsider’s rights by theactuator enforcement action situation in the executable program. On the one hand, anoutsider’s legitimate rights and interests should be protected; on the other hand, theobligation of the person subjected to execution should be performed. This needs to beperfect in our country’s legal system of an outsider relief system, an the fairness andjustice of law will be realized.In the judicial practice, as the legal relationship’s complication anddiversification, an outsider malicious delay to perform his obligation using procedureexecution situation more and more in the civil execution work, the person subjectedto execution applicant executor in the execution of malicious collusion to defraudcourt ruled to take effect, a third person legitimate rights and interests of situationbe damaged,and this kind of condition has appeared all over the country. At present,an outsider want to execute the underlying entity rights, he can put forward toexecution objection to protect their legal rights in the procedure of execution of ourcountry; when an outsider’s written objection was overruled by actuator,if he havenothing to do with the original judgment or written order, he can perform the courtexecution objection proceeding; if related to the original judgment or written order,he can apply for a retrial.The civil procedure law to be modified again and the system of the third personto cancel is established in2012, On present,the legal system of our country providesrelief ways to improve the rights and interests of outsiders,and how to refine andimprove the existing system, making it can not only prevent malicious delayimplementation, also to maximize the functions of protecting the legitimate rights and interests of an outsider, had become the key point of right remedy for an outsiderpractice research.The first part of this paper introduces the basic problem of civil execution of anoutsider relief system, historical changes and evolution,and combs the currentsituation of the civil execution of an outsider rights relief system from the concept ofcivil execution of an outsider relief system, the necessity of to set up and follow theprinciple, and two changes of the civil procedure law. The second part analyzes thedefects of the system of right remedy for an outsider in the civil execution,and thedefects of an outsider execution objection prepositional procedure、the executionobjection proceeding、the system of an outsider to apply for retrial、the system ofthe third person to withdraw in the suit in detail;The third part of the paper compareand analyse the system of countries and regions,especially some similar to thecontinental law system with our country,put forward for the improvement of thesystem of civil execution right remedy for an outsider, suggest to cancelunreasonable opposition front review process,to perfect the execution objectionlawsuit system,to configure a more reasonable theory applying for retrial system,to further refine and clarify the system of the third person to withdraw in the suit atthe same time.But because of the coexistence of diverse programs for an outsider’s relief,itshould not only focus on perfect of system,but also should emphasize the connectionbetween program at the same time,to make each program interaction betweencommon play to the function of protecting the legal rights and interests of anoutsider.
Keywords/Search Tags:Civil Execution, Outsider, Right Relief, the Third Person to Withdraw in theSuit
PDF Full Text Request
Related items