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Research Of Lawsuits Of Objection To Execution

Posted on:2018-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:C J LiFull Text:PDF
GTID:2346330521451336Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The lawsuits of objection to execution is a statutory remedy way for the rights and interests of parties and outsiders in the procedure execution,which was initially established on the occasion of the revision of the Civil Procedure Law in 2007 in our country.After nearly ten years’ revision and improvement,the current legislation has made a special provision on the court of jurisdiction?the trial procedure?the acceptance conditions?the litigation status of the parties?the application procedures?the distribution of burden of the proof of the parties not involved in the case?and the referee type.In practice,the system has played an important role in balancing and protecting legitimate rights and interests of parties and achieve substantive justice.However,as a new system in the field of civil procedure law,there are still some shortcomings in the system designation and procedure operation of the lawsuits of objection to execution which need to be further improved.Based on the concept of safeguarding justice and focusing on efficiency,the author uses the method of literature research and comparative analysis,introduces the present situation of legislation and judicial practice in our country,compares relevant provisions of different countries and regions and draws lessons,and then puts forward some imagination to perfect the system.Apart from the introduction and the conclusion,the thesis is made up of four parts:The first part is a detailed introduction of the basic theories on the lawsuits of objection to execution.Firstly,the author clarifies the concept of the lawsuits of objection to execution by semantic analysis,and analyzes its dual purpose and nature.Secondly,the author summaries the relationship among the lawsuits of objection to execution,the lawsuit of the third party discharging the judgment,and the retrial procedure.Finally,the author summarizes the value of pursuing justice and efficiency in our country.The second part is about the legislation status and problems of lawsuits of objection to execution in China.Based on Civil Procedural Law and judicial interpretations,the author analyzes the current situation in the legislation of the lawsuits of objection to execution and points out the problems of the system such as the absence of Mandatory Executive Law?the unreasonable prepositive procedure?the unclear object of proof of the party not involved in the case?the less protection of legitimate rights and interests of the execution applicant?the absence of obligor and how to deal with the litigation concurrence between lawsuits of objection to execution and third-party revocation actions is not clear.The third part is foreign investigation of lawsuits of objection to execution.In this part,with the comparative analysis method,the author analyzes the similarities and differences among countries and regions on the specific provisions of the system based on a systematic introduction on the relevant legislation and theory of Germany,Japan and Taiwan,and takes the essence to its dross to provide useful reference for the system improvement.The fourth part is the proposal for perfection of the system.The author puts forward some suggestions based on our national conditions and appropriate foreign advanced experience,such as rapid legislate Enforcement Law,improve the pre-disagreement review procedure,clear the scope of compulsory civil right of sufficient exclusion,strengthen the protection of the interests of the applicant,establish the debtor’s lawsuits of objection to execution,handle the competition and cooperation between lawsuits of objection to execution and the third party discharging the judgment,etc,which can provide a theoretical basis for lawsuits of objection to execution and provide some reference for improving China’s lawsuits of objection to execution system.
Keywords/Search Tags:civil execution, lawsuit of objection to execution, outsider, execution applicant, the execution of relief
PDF Full Text Request
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