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On The Case Of Outsiders Executing Objections

Posted on:2020-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z SunFull Text:PDF
GTID:2416330575975878Subject:Law
Abstract/Summary:PDF Full Text Request
The purpose of the object of the objection is to protect the legitimate rights and interests of the outsiders when the legitimate rights and interests of the outsiders are infringed,and the provisions of the 162 th article of the Civil Procedure Law(trial)in 1982 on the procedural relief system for outsiders to implement the objection,Is the earliest legal provision on the enforcement of cases by outsiders in China,and the subsequent revision of a number of civil procedure laws and judicial interpretations also provides for the protection of the legitimate rights and interests of outsiders,the 2007 Civil Procedure Law,in a formal and detailed provisions of the case of outsiders to implement the procedural relief system,its No.202 and204,It makes a more comprehensive provisionfor the procedural relief system for outsiders to implement the objection,and in view of the opportunistic nature of the outsider,the opportunity to abuse the right to enforce the objection to make a malicious objection,resulting in inefficient implementation,but the smooth implementation of the procedure,the judicial interpretation of the Civil Procedure Law issued in 2015 for the first time,Effectively stopped malicious lawsuits by outsiders.However,in practice,the legitimate rights and interests of outsiders are repeatedly violated,and there are many reasons for the infringement of the rights and interests of outsiders,such as the lack of clarity of the provisions on the implementation of objections,the absence of clear rules and ideas and procedural flaws in the examination of the subject matter of the objection,Therefore,this paper analyzes in detail thecharacteristics of the case of outsiders executing dissent and the problems existing in legislation and judicial practice,and studies the legal provisions of foreign countries on how to remedy the rights of outsiders and the execution of objections by outsiders,and draws the Enlightenment of foreign related systems on the relief of outsiders ' rights in China.At the same time,China's legislation on therelief of outsiders ' rights and judicial practice also need to be further improved,only in this way,the case of the implementation of dissent by outsiders can be more perfect,the rights of outsiders can be better maintained,China's laws can be more sound.The first part expounds the purpose and significance of the topic selection,the research status at home and abroad and the research methods and innovation points of the article.The second part is about the basic theory of the case of the outsider's execution of the objection,the definition of the lawsuit against the outsider,the analysis of the relevant concepts,the characteristics of the lawsuit of the outsider's objection,and the provisions of foreign countries on the execution of the objection by the outsider.through the analysis and study of the above problems,the value of the quality of the objections implemented by outsiders is obtained.The third part is the study of the present situation and problems of the lawsuit against the Outsiders,this part mainly through the study of two cases,found that the current case of outsiders in China to carry out the challenge of the real life of the main problems,the conclusion is as follows,that is,in the legislative and judicial aspects,the status quo and existing problems of the case of the outsider's objection.The Part IV is through the investigation of the legal provisions of foreign cases concerning the execution of objections by outsiders,which leads to the Enlightenment in the division of the subject matter,the relief of substantive rights and the relief of procedural remedies.in order to be able to reference the relief of the rights of outsiders in China,it is beneficial to the legislative and legislative activities of the relief of outsiders ' rights in China and the enforcement of objections by outsiders.The fifth part is the perfection of the lawsuit against the outsider,through the research and analysis of the above problems,puts forward his own opinion,through the analysis of the principles to be followed in the lawsuit against the outsider.as well as the increase of the subject matter of the execution of the objection,the strict limitation of the subject,the discipline of the malicious initiation of the objection by the outsider,etc.,to improve the lawsuit of the outsider's objection.
Keywords/Search Tags:Person other than involved in the case, Execution objection, Relieve, Ensure
PDF Full Text Request
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