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Theory Of The Improvement Of The System Of An Outsider Execution Objection Lawsuit

Posted on:2021-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:L BaoFull Text:PDF
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The lawsuit of the execution objection,by an outsider,is a relief system for the outsider as amended in the civil procedure law of the People's Republic of China(hereinafter referred to as the civil procedure law)in 2007.The system has been in effect in China for more than ten years and is still in the state of preliminary establishment.The law formulation in principle summary,the judicial practice in groping state,and the lack of rigorous and complete supporting measures have seriously affected the relief function of the lawsuit of objection by the outsider.This paper,adhering to the consciousness of problems,takes the outsider's objection to the execution of the case as the research object and makes a comprehensive and systematic analysis of the outsider's objection to the execution of the case by means of comparative study and integrating methodology with practice.The text first summarizes the basic theory of the outsider objection lawsuit system,along with the definition and features,the nature and functions of the system combined with the perspectives held by the academic community.The paragraphs provide basic legal support to the suggestion of perfecting an outsider objection lawsuit system and put forward problems remained to be discussed with the combination of China's legislative status quo of the problem.With the basic theoretical support,the following three parts are discussed in turns: the pre-procedure,the objection cause and the special problems of the procedure.As for the preposition procedure,the paper first presents the common problems that are not clearly stipulated in the legislation,which are the examination method,examination standard and examination body of the objection procedure.The paper provides a reference for the execution of objection procedures in China through researching relevant systems of representative countries outside the region and comparing the differences between the systems of different countries.As for the dissenting causes of the execution objection filed by an outsider,this paper mainly discusses the unclear scope of dissenting causes due to the vagueness and singularness of the legislative provisions,the lack of examination rules of dissenting causes and the fact that the parties make up dissenting causes to file lawsuits in the application process.Therefore,this paper studies the provisions and judicial practice of objection litigation systems in Germany,Japan,and China-Taiwan,and provides references for the application of objection litigation by an outsider.This paper proposes specific suggestions on the causes of objection and establishes corresponding review rules for specific causes of the objection.In order to prevent the occurrence of litigation on fictitious causes of objection,this paper puts forward suggestions from the perspectives of pre-prevention and post-accountability.Finally,the special problem with the procedure is discussed from the two aspects of problem proposal and problem improvement suggestion.The content relates to the jurisdiction,the time limit,and the connection between the litigation of execution objection filed by an outsider and the litigation of confirmation filed separately.The paper divides jurisdiction into competent courts and trial bodies,discusses the time limit of prosecution from three aspects:efficiency,value and legal principle of objection.The paper divides the connection between the appeal of objection and the appeal of confirmation into three different modes and discusses the modes along with specific cases.
Keywords/Search Tags:An outsider objection, prepositive procedure, opposition causes
PDF Full Text Request
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