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Research On Objection Lawsuit Of Civil Execution

Posted on:2018-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:M Y ChenFull Text:PDF
GTID:2346330542468066Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Chinaís Civil Procedural Law establishes the outsider objection system in 2007,it presents substantive relies to our civil execution.In 2008,the Supreme Peopleís Courtís explain of the "Civil Procedure Law of the Peopleís Republic of China " also provides the litigation of permission of execution and the objection lawsuit of participation in the distribution to execution.Since then,Chinaís relief implementation system concludes procedural relief and substantive relief system.From 2007 to the present,the objection lawsuit system to civil execution has been nearly ten years.Through the enforcement of implementation of the lawsuit,we found some problems,such as the outsiderís objection suit takes the outsiderís objection as the pre procedure;the outsiderís objection suit and license executive lawsuit are mixed together;the provisions of the lawsuit of participation in the distribution of objection are too simple;the outsider objection to execution,trial supervision procedure,the withdraw of the third person are mixed together;the vacancy of debtor objection to execution,etc.The existence of these problems makes the system of objection lawsuit in our system is not complete,and makes people feel confused in practice.Therefore,the author hopes to put forward some suggestions to improve the civil execution objection proceeding through the analysis of Chinaís objection to execution in theory and practice and the comparison of foreign related system.This paper is divided into six parts:Part 1: this part is the introduction of the thesis;it points out the problems of the objection litigation in the execution.Part 2: it is an overview of the objection lawsuit,including the concept,nature,type,and so on.Part 3: this part introduces the legislative status of Chinaís objection lawsuit,as well as extraterritorial relevant system.Summarize the merits and demerits of extraterritorial relevant system through the comparative analysis.Part 4: it discusses the problems in theory and practice in our country mainly through the data analysis and case analysis.Part 5: this part puts forward corresponding measures according to the problems mentioned in the fourth part,including the cancellation of outsider objection,substituting the withdraw suit of the third person for trial supervision procedure,changing the function of permission objection lawsuit to execution,perfecting the objection lawsuit of participation in the distribution to execution and some measures on the establishment of the debtor objection lawsuit.Part 6: it is the last part of this article.It makes conclusion of this thesis.
Keywords/Search Tags:objection lawsuit to the execution, outsiderís objection lawsuit to the execution, permission lawsuit to the execution, retrial procedure, debtorís objection lawsuit
PDF Full Text Request
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