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A Study On The System Of Outsider Objection

Posted on:2019-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhuFull Text:PDF
GTID:2346330542454462Subject:Law
Abstract/Summary:PDF Full Text Request
The civil enforcement system is an important line of defense in safeguarding judicial justice and one of the most important systems in a country under the rule of law.Its content covers not only the procedural enforcement system but also the substantive remedy system,while the system of objections by outsiders to safeguard the case The legitimate rights and interests of people for the purpose,which essentially belongs to a substantive system of relief.The outsiderís objection suit system is an important part of the civil execution relief system and has powerful values and functions.It plays a catalytic role in reasonably safeguarding the rights and interests of non-resident individuals,promoting the real relief of rights,restricting and supervising the public power of the state,maintaining social stability and realizing judicial justice.Since the system was formally established in 2007,although some legislative developments have been made,this system has provided some guidance for the handling of related cases in judicial practice,which has led to the problems of the implementation of the law and the implementation of the chaos Corresponding ease.However,on the whole,there are still many problems and flaws in this system.For example,the definition of legal nature of the nature of the subject,the scope of the subject and the objection filed are unclear.There is a lack of a disciplinary mechanism for preventing abusive use of litigation rights and malicious actions by outsiders.These issues not only become the legislative deficiencies of the system of opposition to lay people in our country,but also cause a lot of troubles due to the lack of operability to handle the relevant cases in judicial practice,so that the system does not give full play to the due effect.Therefore,this paper through the analysis of current situation of our outsiderís objection suit system,analyzes the main problems,on the basis of relevant system and the mature experience of foreign countries and regions on the right,the system of Chinaís flaws and shortcomings,and put forward the corresponding improvement suggestions.The whole article consists of introduction,body and conclusion.The main body contains the following four parts:The first part,introduces the basic theory of the system of plaintiffsí objections.Byelaborating on these basic issues such as its meaning,characteristics,functions,legal nature and its relation with the relevant system,it is of great benefit to understand and recognize the system of objections from outsiders.At the same time,this also has great significance for the following other issues The introduction and research provide a good theoretical basis.The second part,using the method of comparative research,through the comparative analysis of foreign related system of the outsiderís objection suit,mainly the relevant provisions of law countries and regions of Anglo American and continental law countries and regions,I find out some beneficial to our outsiderís objection suit way to develop and improve and inspire.The third part,through the legislative and judicial status of our outsiderís objection suit,which is mainly the outsider raises objection to the appeal in the legislative process,the content of our current legislation and judicial practice of the phenomenon is discussed.Of which there are many problems and defects,such as the nature of the outsiderís objection suit,unclear definition of pre review process is not reasonable,subject scope and legal reasons to define the mechanism to prevent the punishment,fuzzy set during defects,lack of needle third party to abuse the right of suit,malicious litigation etc..The fourth part is the key point of this article.Based on the current situation of China and learning from the mature experience of foreign countries,this paper puts forward some corresponding suggestions for the problems existing in the lawsuit system of outsiders in China.For example,we should clarify the legal nature of the decision of outsiderís disagreement,such as the action of formation,the precise definition of the scope of the subject,the refinement of the legal reasons for raising the objection,the retrial of the time limit for prosecution,the cancellation of the pre examination procedure,the addition of the abuse prevention and punishment mechanism.It is hoped that through the discussion of this article,we can provide assistance for the improvement of the system of plaintiffsí objections in our country.
Keywords/Search Tags:Civil execution, Execution relief, Outsidersí objections
PDF Full Text Request
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