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A Study On The System Of The Withdrawing Lawsuits By The Third-party

Posted on:2018-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:S H WangFull Text:PDF
GTID:2336330539985772Subject:legal
Abstract/Summary:PDF Full Text Request
The protection of the third party's rights,especially the people who have suffered damage to the legal rights and interests,has always been an important issue in the legislation and judicature of the countries(regions).With the development of economy and society,the malicious litigation and the abuse of litigious right increase year by year.Faced with this background,our country has set up the Withdrawing Lawsuits by the Third-party and supplement to specific application procedure in judicial interpretation.The establishment of the system in legislation shows that our country is paying more and more attention to the protection of civil rights.Although the judicial interpretation made a very specific provisions of the Withdrawing Lawsuits by the Third-party,and explained the relationship between the Application for retrial and Third Party Objection,there are still some problems in the application of the Withdrawing Lawsuits by the Third-party due to the limited judicial resources and litigation efficiency for people.In order to make the Withdrawing Lawsuits by the Third-party more accurate,and avoid the deviation between the parties and the court,it is necessary to sort out the relationship between the system and the relevant system.From the perspective of theory and Practice,this paper demonstrates the nature and theoretical basis of the Withdrawing Lawsuits by the Third-party,and analyses the connection between the relevant system.So as to make it can be play its functions better.Finally,studying on the problems of the Withdrawing Lawsuits by the Third-party,in order to guide the judicial practice.And put forward some suggestions to improve the system,such as expanding the scope of the plaintiff and increasing matching system.
Keywords/Search Tags:Withdraw Lawsuits, Right relief, Institutional cohesion
PDF Full Text Request
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