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Perfection Of The System Of Enforcing Dissident Action

Posted on:2020-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhangFull Text:PDF
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The enforcement objection litigation system is established for the purpose of protecting the legitimate rights and interests of the parties,supervising and regulating the execution behavior and balancing social contradictions.As a relief procedure in the civil execution procedure,the execution objection litigation is an important system in the civil procedural law of various countries.The function of the objection action of the outsider is to judge whether the outsider enjoys the substantive right to prevent the transfer and delivery of the execution object,so as to exclude the compulsory execution of the object by the court.Since the establishment of the enforcement objection system in China's Civil Procedure Law in 1991,the enforcement objection system has been amended several times.On the basis of the existing system,the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the People's Republic of China in 2015(hereinafter referred to as the interpretation of the Civil Procedure Law)comprehensively stipulates the system of execution of objections by outsiders in 13 articles,deliminator establishes the system of execution of objections in China,and further enhances the enforce ability of the system of execution of objections.And durability provides a new way for the protection of the rights of the parties and outsiders in civil execution.The construction and improvement of this execution relief system not only reflects the renewal of our judicial concept,but also reflects the inherent requirement of the protection of civil rights system,and is also an inevitable choice to promote judicial justice.In the current social environment,the citizen's right consciousness and legal consciousness are awakened rapidly,and it has become the trend of the times to safeguard the legitimate rights and interests with the law.Therefore,the function orientation of the system of executing objections by outsiders should be set as a "relief means" to protect rights and exclude rights infringement,so as to meet the needs of outsiders to protect their legitimate rights and interests.However,due to various factors,there are still many deficiencies in the procedure design of the enforcement objection litigation system.In judicial practice,there are still many problems that can not be solved by the existing provisions,which cause troubles to judicial practice.Especially,it is particularly important to focus on solving the problems of "difficult execution" and "disorderly execution",and constantly improve the enforcement objection coalition system.For this reason,the author starts with the theoretical basis and the nature and function of the enforcement objection litigation system,and then focuses on the prominent problems in the procedure operation of the enforcement objection litigation.In this paper,the author takes the cases encountered in the trial practice as the starting point,takes raising questions,analyzing problems and solving problems as the train of thought,carries on the thorough analysis to the system design of executing objection suit,and draws lessons from the legislation of some countries and regions to conduct a comprehensive study,and puts forward pertinent suggestions to improve the procedure design of executing objection suit in our country,with a view to improving the execution of objection suit.The system of objection litigation,and more comprehensive protection of those who should be protected in the implementation,truly realize the functional value of the implementation of objection litigation.This article emphasizes that the execution of objection by outsiders has all the elements of litigation.Therefore,in legislation,the execution of objection by outsiders should be set as an independent litigation in order to reasonably guarantee the lawful litigation rights of the parties.At the same time,abolishing the ore-procedure of objection review and granting outsiders the right to directly initiate the execution of the objection suit will help fully realize the legal value and protect the legitimate rights,and accurately grasp the definition of its litigation elements and the improvement of other supporting measures in the specific system design.There are many shortcomings in the short-term limit stipulated in the Civil Procedure Law of our country.We should extend the time limit appropriately and set it reasonably so as to maximize the protection of the legitimate rights and interests of outsiders.
Keywords/Search Tags:The Enforcement Objection Litigation System, The Pre-procedure, Review Deadline, The Regulation Of False Litigation
PDF Full Text Request
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