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Study The Lawsuit Of Debtor's Object

Posted on:2019-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2346330542454502Subject:Law
Abstract/Summary:PDF Full Text Request
In the process of implementation,sometimes may have the right to request payment change the entity,the execution time according to the claim and the reality has confirmed the relationship of rights and obligations is not consistent,but executives did not know that in time,program execution continues,as a result,it is easy to infringe the debtor the entity rights,so as to aggravate contradictions,that lead to new disputes.Through the investigation of the related system of foreign countries or regions,it can be seen that the lawsuit has been established by many countries or regions.Compared with the legislation of execution objection in other countries or regions,our country has not paid much attention to the protection of debtor's rights.This is very regrettable.As an executor,the right of the debtor is easily infringed.If there is no corresponding remedy at this time,the debtor will be more reluctant to cooperate with it.This will inevitably increase the cost of execution,reduce the efficiency of execution,and bring inconvenience to the work of the judiciary.Without relief,there is no right.In order to protect rights,relief is the cornerstone.If the right is not guaranteed by the relief system,it will be unable to exercise because of wanton violation.Therefore,it is necessary for our country to introduce relevant laws and regulations to improve the relief system of the debtor.According to the author at the graduate level of knowledge,through reading some relevant literature at home and abroad,some suggestions on the construction of the debtor dissidence law system is put forward,hoping to contribute to their own,to attract more scholars to the debtor sound.In addition to the introduction and conclusion,this paper analyzes from the following four aspects:First,it is an analysis of the legal question of the debtor's objection.First,it defines the litigation and analyzes its characteristics.Secondly,it analyzes the different theories put forward by the academic on the nature of the debtor's objection,and proposes that the action should be a relief action,which lays the foundation for the system design.Second,it studies the elements of the debtor's objection to the foreign countries and regions.On this basis,it analyzes the realistic problems caused by the lack of debtor relief system in China,and suggests that we should learn from the valuable experience outside the country to provide some important references for the debtor's objection litigation.Third,a comprehensive analysis of the legitimacy of the debtor's objection to the debtor in China.In the implementation process,the legislation is designed to protect the third party and the creditor,but the lack of relevant systems concerning the protection of the debtor,the debtor could be right without remedy,contrary to the fair idea of the rule of law,and established the debtor objection system has its necessity and urgency.Fourth,the relevant contents of the constitutive requirements are discussed.Based on the concept of general rule of law,this paper analyzes the principles that should be followed in constructing debtor's objection suit in China.At the same time,it specifically analyzes the parties concerned,objections and jurisdiction courts.
Keywords/Search Tags:Obligor, Outer party dissidence, Execution relief
PDF Full Text Request
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