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The Outsider Conducts A Research On The Objection

Posted on:2017-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:J M ZouFull Text:PDF
GTID:2356330518990108Subject:Law
Abstract/Summary:PDF Full Text Request
Execution behavior is the ultimate joints of rights to apply for execution to achieve,because the execution subject matter the complex form of substantive rights,the rights of the external form and is inconsistent with the real right ownership situation does exist,and execution behavior to form review of executive subject matter,only to the subject matter to take compulsory measures an error is inevitable.An outsider of the entity's rights are violated by execution behavior mistake,enforcing legislation in our country for an outsider execution objection lawsuit system,provides the guarantee for an outsider entity relief.2007 "civil procedure law" has established an outsider in China the basic of the litigation of execution objection system,along with the advancement of judicial practice and the development of theoretical research of law,justice and theory of the system have a more clear understanding,in 2014 the supreme people's court "about" the explanation of "civil procedure law>,counterproposal outsiders execution objection system has a more specific detailed provisions,to make the system more operable.From the legislative,judicial status quo,some problems still not been solved,this paper proposed an outsider execution objection lawsuit in our country present situation,the advantages and disadvantages of draw lessons from other countries and regions of continental law system,try to improve our an outsider the execution objection system provide beneficial reference.Article is divided into four parts:the first part counterproposal outsiders execution objection to suit the concept of characteristics,through the counterproposal outsiders execution objection to suit the concept of comparative analysis,and summarizes the characteristics of execution objection lawsuit;In this paper,the relevant theory,an outsider execution objection to suit the nature and function of;With the judicial practice from the breakthrough point,the second part summarizes the legislative status quo of our country an outsider execution objection lawsuit and judicial status quo,and analyzes its deficiencies and causes;The third part of the civil law countries and Anglo-American law system of an outsider execution objection lawsuit system was investigated,in order to build an outsider execution objection lawsuit system in China to provide the reference.The fourth part to perfect the system of an outsider execution objection lawsuit in our country put forward some concrete opinions and Suggestions.
Keywords/Search Tags:Execution, Document bystander, Suing of the objection, Present situation, Consummation
PDF Full Text Request
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