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Analysis Of The Withdraw Of The Third Person

Posted on:2016-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhouFull Text:PDF
GTID:2336330503994850Subject:Law
Abstract/Summary:PDF Full Text Request
The newly revised "Civil Law" in 2012, an increase of a third person withdraw the complaint system, but the system only be prescribed a law from the beginning of the filing review standards to its docket, the cause of action,judicial organization, trial proceedings, litigation costs and whether the end of the original trial proceedings, the revocation is effective judgment which part of the original instrument is the removal of the main text or the Court finds that a third person or in part, and so after hearing about the withdrawal of the complaint identified with only people v. Law Article 56 third paragraph very simple few lines be prescribed, legislative deficiencies that caused the system to use very little in the judicial practice. Third withdrawn the complaint itself is imperfect system led to this type of case the court filing much, heard much, since the implementation of the Act, on the Shanghai area,the Court has accepted the case also only 20 pieces, so that the terms suspected dormant provision. Therefore, the author of several aspects of theconcept of a third party’s withdrawal of the complaint, the extraterritorial study, China’s third run aging withdrawn the complaint system and improve the recommendations were studied and analyzed. The third part of people in different parts of the country by collecting grassroots courts and the Shanghai court hearing the case of withdrawal of the complaint, the court accepted the case for the sample, using the method of empirical analysis, summarized the problem with this system in the judicial practice faced. According to the actual situation of China’s judicial system, combined with outside research comparative analysis, propose effective complaints system to play the role of the third party withdrawal of the proposal. Our characters have gone through a long history of five thousand years, there have been a series of cases in recent years in the field of font glyphs, become the focus of attention, its influence and unprecedented attention.
Keywords/Search Tags:third lawsuit withdrawn, operational effectiveness, Improve the syste
PDF Full Text Request
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