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An Outsider Complaint About Conditions Of Execution Objection Lawsuit Research

Posted on:2018-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:S LiFull Text:PDF
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At present,the phenomenon of "difficulty in enforcement" and "chaos in enforcement" has existed for a long time in judicial practice,which has a very close relationship with the lack and imperfection of the enforcement of relief system.Therefore,in order to improve the correctness and timeliness of enforcement act,protect the outsiders’ civil rights,and gradually establish and consummate the corresponding relief mechanism,and the system of execution of outsider objection has come into being.Since the Civil Procedure Law stipulated the system of execution of outsider objection for the first time in 2007.The judicial practice has summed up a lot of useful experience in the process of continuous exploration over recent decades,which greatly promotes the legal perfection and lays the foundation for the future guidance and specification of execution civilization.But it can not be ignored that there still exists severalproblems in judicial practice because the system of execution of outsider objection is still in the early stage of development,the combination of theory and execution of practical work is still has the fault phenomenon and lacks the integrating degree.It involves some specific issues on that how does this litigation system work,like whether the procedure of front-loading of execution of the objection should be existed or not,how to make clear the scope of the request,and whether the time limit of the outsiders is too short or not and so on.There are still exsists controversies and blurs in the above issues.This thesis attempts to analyze the problems and shortcomings of the prosecution conditions of the system of execution of outsider objection in our country system and judicial practice through the introduction of typical cases in practice.In order to effectively promote the implementation of the system of execution of outsider objection and achieve the original intention and the value of system design,this thesis puts forward the sugesstions of the problem on the basis of comparative reference.
Keywords/Search Tags:Civil execution, Dissent action of execution, The system of execution of outsider objection, Execution remedy system
PDF Full Text Request
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