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Study on the Dissent Action of the Third Party

Author: WeiFengJuan
Tutor: WangZuo
School: China University of Political Science
Course: Procedural Law
Keywords: Civil Enforcement Implementation of the relief system Third Party objection complaint
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 141
Quote: 1
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Abstract


Our 2007 newly amended \many imperfections, resulting in practice vary around the practice court, a serious impact on the Third Party objection complaint fulfilling its functions. Therefore, it is necessary to clarify these issues and disputes with the opposition of the Third Party's appeal system to be improved to make it to steady advancement and implementation. This paper intends to appeal from the Third Party objection meaning, nature, characteristics and so on departure, on China's Third Party objection appeal system to conduct a comprehensive analysis of the current situation, combined with the judicial practice, the main problems that the current and proposed objection against the Third Party v. Perfection conception. This article from the preface, text and conclusion of which the body includes four chapters: Chapter Third Party objection appeal system outlined in this chapter, the author first complaint against the Third Party objection meaning and characteristics were analyzed, and then compared through the system, clarifies the Third Party objection appeal system and the debtor objection appeal system, the implementation of the Third Party filed objections, and the relationship between the Third Party Lingan litigation issues, deepening the Third Party objection appeal system understanding. And the analysis of the nature of the complaint Third Party objection on the basis of a variety of theories, presented themselves to the Third Party objection understanding of the nature of the complaint. Chapter II of the Third Party opposition legislative investigation of the complaint system in this chapter, the author of the objection of the Third Party System v. legislative situation analyzed in detail and highlighted the Third Party objection appeal system of the main problems, including the case of foreign Objection System set unreasonable people, mingle with the Third Party for a retrial, the trial institutions and the absence of other procedural issues. Chapter III of the complaint system of the Third Party opposition Empirical Investigation In this chapter, I selected two typical cases, on China's Third Party objection appeal system running an empirical analysis of the current situation, pointed out its presence in some of the implementation process Problem: lack of an independent cause of action, the parties eligibility issues filed during the unreasonable claims expressed not in place, the Third Party opposition front procedures affect the execution efficiency. Chapter IV of the complaint of the Third Party Perfection opposition conception author advocates abandoned the controversial Third Party objection pre-procedure, giving the Third Party directly to the right of enforcement of court proceedings; provisions of the Third Party and Third Party retrial objections The appeal system phase separation; further clarify the Third Party objection party complaint, the referee agencies, instituted during the lifting effect of the subject matter and filed; perfect Wairen objection appeal proceedings and the referee way. In addition, I believe that the opposition should also be a malicious complaint filed by the corresponding provisions of punitive measures.

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