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The Research On The Substantive Cause Of The Outsider's Objection Suit

Posted on:2018-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:X R MuFull Text:PDF
GTID:2416330596489502Subject:legal
Abstract/Summary:PDF Full Text Request
The Civil Procedure Law,which was amended in 2007,reformed civil execution objection system of China and improved the relief system of civil execution by establishing the objection requisition system and objection lawsuit system.However,the regulation on objection of Article225 and Article 227 of the Civil Procedure Law is too vague and shabby.It is an outstanding problem that there is no law to obey,because there is no explicit provisions about the subject scope,the objection matters,the standard of trial,the form of treatment.The implementation of the "objection and reconsideration provision" is more detailed and operational on the objection requisition system and objection lawsuit system.Nevertheless,the understanding of the judicial interpretation and the conflicts with other provisions need further study.The article aims to study the type of objection matters,establishment requirement of substantive rights and the way of judge by analyzing the purpose and nature of the outsider's objection suit and viewing the regulations and the judicial practice.This article altogether is divided into five parts and each chapter of primary coverage summary is as follows.First chapter aims to define the connotation and nature of the outsider's objection suit.The second chapter aims to sort out the status quo of domestic and international legal provisions and judicial practice in order to know the legislation omissions and ambiguities and the controversy in judicial practice.The third chapter and the fourth chapter discuss the feasibility and the essential elements for the substantive rights to be objection matters.The fifth chapter explores the treatment of objection matters by the court including the scope of the review,the way of judge and the relationship with other effective legal documents.
Keywords/Search Tags:objection matter, objection lawsuit, ownership, expectancy right of property, creditor's rights
PDF Full Text Request
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