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On The Third Party's Revocation

Posted on:2019-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q ZhangFull Text:PDF
GTID:2356330542484406Subject:Law
Abstract/Summary:PDF Full Text Request
In order to avoid the third person’s legitimate civil rights and interests being impinged who did not participate in the litigation for their own reasons,the third party lawsuit withdraw litigation system has been established in the current legal system.To a certain extent,it inhibits the occurrence of malicious lawsuits and maintains the authority of the judiciary.But there is no denying the fact that the establishment of the system is still relatively short time,and the system of legislation is too simple,the new judicial interpretation also did not answer to some concrete problems.In addition,conflicts and overlaps between the system and related legal systems have caused the third party not to know how to choose its remedy way when he want to maintenance his rights and interests.It also causes the judicial offices to be confused in the handling of such cases,resulting in different treatment results of the same cases,and it is difficult to give full play to the real function of the third party lawsuit withdraw litigation system.Through the analysis of specific cases,this paper brings out the problems existing in the judicial practice of the third party lawsuit withdraw litigation system in China,at the same time compares and reference the relevant system from the other region,proposes the referential Suggestions for the third party lawsuit withdraw litigation system from the perspective of the protection the third party’s rights.
Keywords/Search Tags:The Third Party Lawsuit Withdrawn Litigation System, Procedural Protection, Rights Protection
PDF Full Text Request
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