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Studies On The System Of The Third-party Opposition Proceeding

Posted on:2015-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y J HuFull Text:PDF
GTID:2296330467954320Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Third-party opposition proceeding is a kind of post-facto relief system,which result from the fact that the person who uninvolved in the case receivesan adverse judgment in the absence of judicial procedure. Even though both Taiwanand Mainland China have set up post-facto relief system, there are manydifferences in detail between this two jurisdictions. Compared with MainlandChina, post-facto relief system has a relatively long history in Taiwan. Hence,intensive studies have been done by Taiwan Scholars. This paper intents to figureout the way to improve post-facto relief system in Mainland China by comparingand analyzing Taiwan’s experience.This paper is composed of three parts: preface, text and conclusion. Thereare four chapters in the text. In the first chapter, we will introduce generalsituation of post-facto relief system in Taiwan, mainly definition and nature,in order to understand the characters of this system; Then we will talk aboutthe composed elements in the second chapter and the procedure in the third chapter.In the forth chapter, we will try to figure out the way to improve post-factorelief system in Mainland China.
Keywords/Search Tags:Third-party opposition proceeding, proceduralsafeguards, judgment potency expansion, standing of plaintiff, legally interested
PDF Full Text Request
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