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Empirical Study On The Third Party Revocation Proceeding

Posted on:2019-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:C H LinFull Text:PDF
GTID:2416330575472953Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The third party revocation proceeding in our country as a new proceeding,therefore,the academic circles have a lot of discussion on it.The main focus is on the problem of the plaintiff,the problem of proceeding operation,and the reference of foreign legislation.There is less discussion on the actual operation of the third party revocation proceeding in China.Since 2013,there have been many cases about the third party revocation proceeding that have been in the China.Therefore,the article has collected some cases.Through the data statistics and case analysis of these cases,we can find the third party revocation proceeding practice of our country characteristics:first,the number of cases is rapidly increasing;second,the third party revocation proceeding involves more types of disputes;third,the third party revocation proceeding common disputes are around the elements of the third party revocation proceeding;fourth,the third party revocation proceeding victories prevalence rate is low.And find the problems third party revocation proceeding in China's practice,and make some suggestions:first,strengthen the regulation of false litigation;second,regulate the third party abuse of the right to abuse;third,a clear process of proceedings,the third party revocation proceeding is divided into the stage of filing a case,the phase of litigation review and the stage of substantive examination,the task of examination at various stages is clarified;fourth,expand the scope of plaintiffs;fifth,expand the scope of the object.
Keywords/Search Tags:The third party revocation proceeding, False litigation, Proceeding, Scope of plaintiff
PDF Full Text Request
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