Font Size: a A A

The Study Of Outsider's Objection Suit

Posted on:2019-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:H R WuFull Text:PDF
GTID:2416330545996666Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As a type of civil execution relief procedure,the purpose of outsider's objection suit is to protect the legitimate interest of outsiders and to exclude the enforcement of the court.2007,the promulgation of essay 204 of the Civil Procedure Law marks outsider's objection suit has formally established in China.With the development of the society,various legislation and interpretations related to the outsider's objection suit are constantly updated,so that the rights of outsiders can be promptly and effectively remedied.However,due to the late start,the system design of outsider's objection suit still has flaws.Although scholars have different views and opinions on the nature and concept of outsider's objection suit,it's still necessary to determine it at the legislative level.Meanwhile,there are several urgent issues to be solved of outsider's objection suit,such as the unclear nature of it,the lack of rational convergence with substantive law,the inconsistent treatment of issues regarding the rights confirmation,the stipulations for grounds for objections are ambiguous and the prevention mechanism.This essay starts with the concept,it tries to distinguish the unique value of outsider's objection suit by comparing the relevant concepts,and obtain useful experience from foreign countries.At the end,this essay also tries to analyze the status quo and existing problems of outsider's objection suit in China,the basic principles to be followed and put forward suggestions for improvement.This essay includes four parts:The first part contains a brief overview of the outsider's objection suit.The author introduces it from the concept,nature and basic theory,and compares it with Challenge the Judgement by the Third Party and Third Party's Applying for Retrial System.The comparison shows the unique value of the outsider's objection suit and lays the foundation for the following discussion.In the second part,the author examines the system of the outsider's objection suit in foreign countries and summarizes its characteristics in the two legal systems.This part seeks to combine the basic situation in China and draw on the useful experience of foreign countries to improve our system.In the third part,the author elaborates the current situation of the outsider's objection suit in China,pointing out the existing problems in it.For example,the definition of its nature is ambiguous,the relation with substantive law is not connected,the handle of issues regarding the rights confirmation in implementation phase is confused,the stipulations for grounds for objections are ambiguous and the prevention mechanism is unsound.In the fourth part,there are several basic principles for the perfection of outsider's objection suit in China.In order to solve the problems mentioned above,we should define it as gestaltungsklage,and resolve its connection with the substantive law.Faced with different situations,we are supposed to give different advice to issues regarding the rights confirmation and make the grounds for objections concretized.Finally,the establishment and improvement of prevention mechanism will make the outsider's objection suit more perfect.
Keywords/Search Tags:execution remedy, outsider's objection suit, substantive right, person other than involved in the case
PDF Full Text Request
Related items