The Judicial Relief For The Creditor's Rights Of The Outsiders In The Case Of Conciliation On Private Lending Disputes

The judicial relief for the creditor's rights of the outsiders in the case of conciliation on private lending disputes is part of judicial relief system,which is lack of systematic stuttering in the current statute.Therefore,by introducing the specific case,law philosophy,specific discussion and some other process,distinguishing the need to protect creditors outside the case and problems in the current legal system,we propose some suggestions to perfect the judicial relief system.This assay consists of four part,namely the concrete information of the case,the analysis of the legal philosophy,the discussion and debate in the case and the enlightenment from this case?The first part,through the specific introduction of Liu and other 34 people vs.Dingcheng Company and Lee's case,summarizes the basic situation of legal interpretation,legal application and processing results of the first,second and retrial,and summarizes three disagreements.And to sort out the core focus of the case is the issue of eligibility for the dismissal of the third party,extending two issues:(1)the issue of remedy for judicial mediation,and(2)the issue of remedy for the implementation of the procedure.The second part analyzes the provisions of private lending interest rates,the requirements and problems of judicial mediation,and the system of revocation of third parties.Firstly,it analyzes the calculation method of private lending interest and the relevant provisions of legal maximum interest and its theoretical source.It theoretically denies the predatory exploitation of excessive interest,and clarifies that the court may not confirm the mediation agreement of more than 24% interest.Then,it analyzes the relevant requirements of the judicial mediation system stipulated in China's Civil Procedure Law and the deficiencies in the protection of the interests of the outsiders.It is mainly manifested in four aspects: first,the voluntary and light legality review of the parties;second,judicial mediation The company's business status review is in the form;third,malicious mediation infringes on the interests of other shareholders or creditors;fourth,the outsiders' relief channels are relatively narrow.Finally,it analyzes the ins and outs of the third party's revocation from the aspects of system function,prosecution qualification,and object of review.The third part,combined with the specific circumstances of the case,evaluates theresults of legal interpretation and legal application in the first,second and retrial under the current legal framework.First,analyze the prima facie evidence provided to mediate physical and procedural issues that may actually exist.Through analysis,it is clear that the strict legal interpretation of the eligibility of ordinary creditors outside Liu et al.is in line with the strict interpretation of the current law,even if there are obvious suspicious and wrong mediation and enforcement procedures.This naturally has an extended discussion of the case-other remedies for the outsiders:(1)enforcement of objections;(2)enforcement of objections;(3)trial supervision procedures.The fourth part is the revelation summarized on the basis of the previous one.First of all,in the process of mediation,it is necessary to carry out the renewal of the concept.Under the principle of the principle of voluntarily voluntary and light law,the legality review should be highlighted,and the disciplinary attitude of false litigation should be strengthened.Judging from the shortcomings of the third-person revocation system,from the perspective of interpretation theory,it is necessary to expand the interpretation,and from the perspective of legislation,relevant legal modifications can be made to increase the special type of third person.It is important for outsiders to seek relevant judicial remedies.It is also very important for the court to initiate the trial supervision process.