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On The Improvement Of Supervision Of Administrative Law In China

Posted on:2019-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:S T HuangFull Text:PDF
GTID:2346330542986160Subject:Law
Abstract/Summary:PDF Full Text Request
The Suit of the Third Party Discharging the Judgment is a kind of continental civil litigation system that having a important theoretical value and practical significance.It is a system that gives the third person with procedural benefits and protects their entity interests which affected by the effective referee and not participate in the proceeding without own reasons.There are already many legislation in the world,especially in France and Taiwan of China.When revising the Civil Procedure Law in 2012,Paragraph 3 of Article 56 was added,establishing the system of the suit of the third party discharging the judgment.In February 4,2015,The Supreme People's Court promulgated the interpretation of the Supreme People's Court on the application of the People's Republic of China Civil Procedure Law(Hereinafter referred to as the 2015 civil procedure law interpretation),set a special chapter to perfect specific implementation details.The regulation on this system has some problems such as the legislation style is not appropriate,some of the key problems in the specific application need further study,most criticized by scholars is the proper plaintiff of the third party opposition proceeding.This paper is about this topic.Looking from the structure,this article besides the introduction and conclusion,the main content is divided into four parts.The first part is the overview of Third Party Discharging the Judgment,in this part,the author analyzed the concept,the theory basis,the nature and the characteristics of Third Party Discharging the Judgment.The second part introduced the legislation and practice of the system.The third part introduced the Third Party Discharging the Judgment in France and Taiwan of China,we can learn from their experience.The fourth part is the key of the paper,the author analyzed the suitable plaintiff in different cases,and there are many examples in this part.
Keywords/Search Tags:The third party opposition proceeding, Nature, Functional localization, Proper plaintiff, Institution construction
PDF Full Text Request
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