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On The Third Party's Revocation

Posted on:2017-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:D W ZhuFull Text:PDF
GTID:2356330512461856Subject:Law
Abstract/Summary:PDF Full Text Request
In the judicial practice of our country,violations of the legal rights and interests of the third parties in the process of a civil case often occur.The revised "Civil Procedure Law" established the lawsuit withdrawal system of the third party,which in theory will enhance the judicial fairness and efficiency,and in practice effectively curb the illegal phenomenon of malicious litigations to compensate for the lack of legal remedies to the rights of the original third parties.Compared to the former implementation of legal remedies such as the execution objection lawsuits and retrials,the lawsuit withdrawal system of the third party expands the scope of assistance for the subjects,and clearly states the reasons and procedures of the litigation.But as a new legal system in our country,the law regarding to the lawsuit withdrawal system of the third party is still relatively coarse.Qualifications of the subjects to file a suit is limited and the law implementation procedures still have the space to be improved.In addition,there are overlap issues between the lawsuit withdrawal system and other assistance procedures.Relevant supporting systems is still lacking.Through theoretical analysis,comparative analysis and case studies analysis methods,this paper sorts out the problems of the lawsuit withdrawal system of the third party in our country,and from the point of view of theoretical research and judicial practice,provides some feasible solutions such as clear definition of the plaintiff qualifications,expansion of the object scopes,and improvement on the procedures and the supporting system.
Keywords/Search Tags:Third party, lawsuit withdrawal, Judicial remedy
PDF Full Text Request
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