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On The Objection Of The Respondent And The Remedy In Realizing The Case Of Security Real Right

Posted on:2019-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2416330548466215Subject:Law
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Under the new normal state of economic development in China,the role of security property rights system in economic activities has become increasingly prominent,and the realization of security property rights is the most important effect of security property rights.Without remedy or without rights,in the case of realizing security property,the respondent's objections and their relief are important issues that need attention.The "Civil Procedure Law" in 2012 included the "case of realizing security property rights" as a special procedure.In 2015,the "Judicial Interpretation of the Civil Procedure Law" further elaborated the rules of procedures for realizing security property rights.However,in the "Civil Procedure Law" and the "Judicial Interpretation of the Civil Procedure Law",which stipulate few rules for realizing the procedure of security property rights,the protection of the rights of the respondent has not been given adequate attention,and the respondent is guaranteeing How to deal with objections in the case of objections and how to deal with the objections of the respondent,the “Judicial Interpretation of the Civil Litigation Law” only made simple provisions,and it was difficult to give full protection to the respondent's rights.The article takes all the 401 cases of realizing security rights that have been tried in Henan Province since the implementation of the “Civil Procedure Law” as a sample,and treats the basic people's courts in Henan Province as a reference for the judicial practice of realizing security real right cases,and is in the case of realizing the security real right.On the basis of the analysis of legislation,it examines the actual situation of the objection of the respondent in judicial practice,analyzes it,and classifies the specific reasons why the respondent has filed an objection,and summarizes the handling of these objections by the People's Court.The problems and put forward sound suggestions.Then,the respondent's remedies should be made clear that the respondent should have the right to file a separate indictment.If the objection raised by the respondent is a substantive dispute,the special procedure can be directly transferred to the litigation procedure and be established during the implementation process.Applicants to implement the objection to the complaint and other perfect proposals.
Keywords/Search Tags:A procedure for the realization of a security property, special procedure, objection from the respondent, relief
PDF Full Text Request
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