Empirical Research On The Third Party Opposition Procedure

In order to cope with the increasingly flood of fraud litigation,the civil procedure law amended in 2012 added the third paragraph in article 56,and a new system for the Third Party Opposition Procedure is added.In order to study the operation of the Third Party Opposition Procedure in judicial practice,author analyze the impact of the Third Party Opposition Procedure on civil litigation,and find out the possible problems.In the way of empirical analysis,the author summarizes court data and analyze case of the Third Party Opposition Procedure judicial practice in Shenzhen district,and founds that Third Party Opposition Procedure has three characteristics,easy to start,high rate of dropped and difficult to win.In order to better protect the legitimate rights and interests of the third party that is not involved in the case,the author put forwards specific opinions and suggestions on the three aspects of false litigation,retrial and charged conditions.The thesis is divided into four chapters.The first chapter makes a brief overview of the theoretical basis of the Third Party Opposition Procedures and summarizes the concept,characteristics and nature of the Third Party Opposition Procedures.It also analyzes the background and purpose of the Third Party Opposition Procedures,expounds the establishment and improvement of the Third Party Opposition Procedure system,and summarizes the huge controversy of the Third Party Opposition Procedures and the basic system of the Third Party Opposition Procedures.The second chapter collects the data of area the Third Party Opposition Procedure in Shenzhen,and summarizes the general characteristics of the Third Party Opposition Procedure in Shenzhen,including case acceptance rate,cancel rate,case modified ratio,time factors and level factors.The Third Party Opposition Procedure in Shenzhen.The concrete operation of case type,the cause of the cancellation object,reasons for inadmissibility,the judgement,set aside,or dismissed the claims of reason,false litigation case,the final case-hearing level conditions,adjudged case retrial andlegal fees charged are analyzed in details in this chapter.Issue of the practice of the Third Party Opposition Procedure is discussed in the third chapter.Analysis of the Third Party Opposition Procedures is carried out in Shenzhen.There are three categories of frequent problems in judicial practice,namely the identity of the third person of the problem in the main body condition,the physical condition of problem and the remedies of the parties,and what the court usually treated is explored.The fourth chapter puts forward specific suggestions on the basis of the first three chapters,mainly from the three aspects of strengthening the regulation of false litigation and abuse,giving play to the relief role of the Third Party Opposition Procedures and retrial,and correctly understanding the conditions of prosecution,to further improve the Third Party Opposition Procedures.