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Research On Dissidence Action Of Execution Lawsuit System

Posted on:2017-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:X H YaoFull Text:PDF
GTID:2336330503980845Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Executive action systems objection is base on the way of lawsuit to resolve the dispute whi ch due to enforcement of controversial between the parties and the third party, it is belonging to t he entity remedies of our execution relief system. Setting this remedise provides a good way to re solve difficulty and confusions in our executive systwms, and it is played an important role in the protection of the legitimate interests of the parties and the third party.Executive objection complaint system is a considerable complexity and systemic entity relief s ystem which excluded enforce behavior and resolved civil disputes between the parties, it can relie f the rights,constraints the power and maintain social stability function.While China’s Civil Proced ure Law establishes the opposition to execution of the complaint system, and by way of judicial i nterpretation of the provisions on opposition to the implementation of the specific program, there a re some theoretical and practical issues to be discussed. Our current execution system complaints o bjection has some defects:first,set a pre-set program before mention a opposition to execution proce edings which case up some difficulties to the parties who are seeking help to the civil action;sec ond, lacking of the debtor’s objection civil action,which due to the protection to protect the legiti mate rights of the debtor can not be timely and effective.We should add complaint system of the debtor’s objection, in case of the claims described in the basis eliminate or occur other legal grounds so that the exercise of rights is restricted, debto rs may file objections to the complaints to defend their legal right. The civil chamber under the j urisdiction of the civil action, judicial in accordance with ordinary procedure the debtor on opposit ion to be heard and make a final decision based on the trial results. Further more, we should furt her improve the complaints of the third party system in China’s objection,not only the perfection o f mention reason of the third party opposition proceedings but also the perfection of proceedings o f the lawsuit.Besides the perfection of scope of the case, filed perfect timing, organization and ot her aspects of the suit. Canceled the pre-review process of the third party on opposition. Canceled the retrial procedure of third party on opposition.
Keywords/Search Tags:Execution relief, Execution on opposition, Debtor on opposition, Third Party on opposition
PDF Full Text Request
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