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Study on the Lawsuit Filed by an Outsider in the Course of the Civil Enforcement

Author: ZhuRuiJuan
Tutor: YangChunHua
School: Jinan University
Course: Legal
Keywords: Third Party objection complaint Third objection complaint Objection to execution
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 58
Quote: 1
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Abstract


Although China already has the Third Party objection appeal system prototype , but in practice there are still many problems to be solved for specific procedures . This paper argues that the Third Party to provide effective relief entity as a starting point , from the standpoint of theoretical innovation improve our Third Party objection appeal specific ideas in order to promote relevant theoretical research . This body of four chapters . Chapter Third Party objection complaint overview. Clearly define the meaning of the complaint Third Party objection lies parties are free to choose claims. Third Party objection to the nature of the complaint should be determined according to the Third Party claims , or payment of the complaint , or both recognized the dual nature of the complaint . Finally, we discuss it with the Third Party objections, and the implementation of relief , and the debtor 's objection to the distinction complaint to make Third Party objection complaint epitaxial clearer. The second chapter describes the perspective of outside visits Germany, Japan and Taiwan of China on the Third Party objection with the relevant provisions of the complaint in order to obtain useful insights . The third chapter of the Third Party objection complaint legislative situation and stated that its progress and shortcomings. The fourth chapter discusses the perfect outsider raises objection appeal concrete ideas . Third Party advocated by improving the elements of the complaint dissent , and coordinate relations with the Third Party objections repealing useless Constructing retrial procedure of the Third Party Third Party objection appeal system .

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