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Civilian implementation of the Third Party objection v. Research

Author: DengLei
Tutor: GuoMeiSong
School: Southwest University of Political Science
Course: Legal
Keywords: civil execution disputes of person other than involved in the cases a lawsuit of the disputes lodging by person other than involved in the cases
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 109
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Abstract


Civil execution is the last key to the protection of the parties’legal rights and interests. The Civil Enforcement Law has not been made in China, which results in the lack of constraint by systematic laws in civil execution. Therefore, during the procedure of civil execution, it occurs that the executive authorities of people’s courts infringe the legal rights of person other than involved in the cases in order to pursuit the execution rate. This kind of phenomenon not only destroys justice, but also intensifies the conflicts between the parties involved in the cases, both of which are bad for the social stability and harmony. Thus, a lawsuit of the disputes lodging by person other than involved in the cases plays an extremely important role in legal value and practical significance, as a remedy of execution to solve the substantial rights disputes and to protect the legal rights and interests of other parties by the means of action. After the enforcement of the new Civil Procedure Law and related judicial interpretation of the civil execution, a lawsuit of the disputes lodging by person other than involved in the cases has been set as a new kind of civil execution remedy measure. Thanks for the primary development of the action elements, such as priority in dissent, the litigants, jurisdiction, trial, and judgment, the kind of lawsuit becomes practical. However, it still exists some failure on the system design due to the vagueness of the cause of disputes, trial procedure, judgment mode and effectiveness and so on. All of these may influence its effectiveness and functional achievements. Therefore, it’s necessary to plunge into the study and discussion of the essence, nature, function and concrete procedure design of the system so as to strengthen its use and completeness. This dissertation plans to start from studying the essence of the lawsuit of the dissent of other parties, then to illustrate its nature, purpose, function and significance, and finally to raise advice on the perfection of its procedure structure and operating rules by analyzing the current situation and problems in China as well as comparing the similar system in foreign countries.This dissertation consists of three parts: introduction, text, conclusion. And the text includes four parts:Part one introduces the theoretical basis of the system of a lawsuit of the disputes lodging by person other than involved in the cases. It specifically illustrates essence of a lawsuit of the disputes lodging by person other than involved in the cases, analyzes lots of theories related to its nature, proposes its double remedy nature with the character of“conformation-confirmation”action, and explain its purpose, function and significance.Part two analyzes the current situation and problems raised when person other than involved in the cases lodges a lawsuit against the compulsory enforcement procedure. Firstly, it focuses on the analysis the significance of its establishment after the enforcement of the new Civil Procedure Law and related judicial interpretation of the civil execution. Secondly, it gets to the defeat and problems on the system design.Part three introduces the system of a lawsuit of the disputes lodging by person other than involved in the cases in foreign countries in the comparative way. It reaches a conclusion based on the comparison and explores judicial practical experience and modes for domestic reference.Part four raises advice on the perfection of the procedure structure and operating rules of the system of a lawsuit of the disputes lodging by person other than involved in the cases. It makes the followings clear and specific: the cancel of the procedure of priority in dissent, separation from the procedure of adjudication supervision, specification in the cause of disputes, definiteness of the jurisdiction and hearing authorities, the judging modes and effectiveness of the judgment.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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