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A Study On The Enforcement Of Dissent By Civil Cases

Posted on:2018-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:G P BianFull Text:PDF
GTID:2416330563959268Subject:Law
Abstract/Summary:PDF Full Text Request
As a new kind of lawsuit stipulated as of 204th(now 227th)in the Civil Procedure Law of our country amended in 2007,the dispute's enforcement of dissent has not come into the public view.It was not until the interpretation of the Supreme People's Court on the procedures for the implementation of the Civil Procedure Law of the People's Republic of China in 2009 that it really appeared in judicial practice.The lawsuit of enforcement is transplanted from western,and the same as other legal systems,also shoulder the responsibility of protecting the citizen rights,and restrict the execution of public power.After this had come to China,rooted in the legal system soil with Chinese characteristics,has showed obvious signs of “the climate does not suit one” after experiencing a short national Carnival.Especially after the review procedure,The division of power between trial court have the order reversed,imperfect property right registration system,the public awareness of the law,The petition is not the letter of the law,,the judge has the increasing pressure to objection to execution cases with "legal" the chains.In accordance with the parties involved in the proceedings,the action of dissent is divided into cases of execution of dissent by an outsider and application for execution by the executive,the courts generally support their claims because they are legally qualified and have a clear executive name.Therefore,the high incidence of disputes in judicial practice has been occupied by the cases of dissent,and the cases of execution of dissent by the outsiders are often confused with the confirmation of the real right and cross state.The action of the confirmation of real right and the execution of objection by an outsider may coexist,merge and preserve separately,causing the conflict between judicial documents,damage the judicial authority.It will need to make a choice,from the legal and judicial practice and handling properly.The most fundamental is to compare and analyze from the basic theory,and combine the purpose of the system and the needs of judicial practice,and make the best choice of the path.
Keywords/Search Tags:Action of dissent, Interpleader cause, Compare
PDF Full Text Request
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