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Comment On The Execution Of Dissent By An Outsider

Posted on:2018-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:X H XuFull Text:PDF
GTID:2336330512495083Subject:Law
Abstract/Summary:PDF Full Text Request
The implementation of the system as the final barrier to justice,is of great significance,is one of the important standards of judicial fairness and justice.In judicial practice,"emerge in an endless stream execution problem".Because of the complexity of economic activities and the publicity system in to highlight the rights of limited species,so inevitably there will be the case outsiders may enforce property.Under this background,the civil procedure law"promulgated in 2007 for the first time to set up" the dissidence implementation of this new type of civil litigation system,the objection by executing the program extended to the trial program,given a clear outsider with the legislative right of appeal.The revision of the Civil Procedure Law of the People's Republic of China in 2015,which makes the system constantly improve and developThis paper is divided into four parts.The first chapter introduce the background,significance and related knowledge of outsider's objection to execution,at the same time,through the investigation and data analysis of the province court outsider status of the lawsuit of enforcement,the characteristics and the existing problems in the operation.The second chapter mainly for Cai Moumou case filed an implementation of objection case of a specific case,including the case of the referee.The third chapter is mainly about the controversy of the case analysis.The fourth chapter puts forward to the Third party dissidence lawsuit to execution suggestions for the judicial practice problems above,improve the judicial organization,clearly put forward the objection of the litigation of executive objection lawsuit subject,pre-procedure and increase the malicious litigation sanctions proposals.
Keywords/Search Tags:Execution Objection, the Third party dissidence lawsuit, Pre-procedural, Malicious lawsuit
PDF Full Text Request
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