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Study on the System of Outer Party Dissidence

Author: XueXue
Tutor: WangZuXing
School: Southwest University of Political Science
Course: Procedural Law
Keywords: Civil enforcement remedies Third Party objection complaint Objection to execution
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 471
Quote: 8
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Abstract


Enforcement of private rights system is the protection and realization of the last link is the last line of defense of justice, has a very important significance. However, the implementation of the \Tracing the source, which is the imperfect implementation of relief system has a close relationship. This corner of the implementation of relief system - Third Party objection complaint system as the title to a comparative approach, trying to make some fine research to effectively protect Wairen and execute legitimate rights and interests, and thus a prerequisite in ensuring substantive justice Under improve execution efficiency. This paper is divided into four parts: the first part of the appeal system overview of the Third Party opposition. First, a clear definition of the Third Party objection complaint, pointing out that the scope of the Third Party, Third Party objection to the complaint is due to the implementation of violations of the legitimate rights and interests arising from the Third Party and Third Party objection to the complaint and the debtor's objection to the complaint different. Secondly, in discussing the nature of the complaint on the Third Party objection on the basis of the various theories, pointing out that the nature of the complaint Third Party objection should be recognized in the complaint. Finally, discusses the characteristics of the Third Party objection complaint, pointing out that it is closely linked with the implementation of the program entity relief. The second part examines some of the major countries and regions of the complaint against the Third Party opposition system requirements. Although the national implementation and enforcement measures, institutional settings may be due to infiltration of the country's cultural traditions, national conditions and different circumstances, etc., vary greatly, but the opposition's appeal against the Third Party system design, the cause of action as well as the provisions of the proceedings are fully take into account the referee's impartiality and Third Party Rights. Concludes that China should draw on the provisions in essence based on the Improvement of the Third Party objection appeal system. The third part analyzes the appeal system of the Third Party opposition status. To point out that the new \Misplaced pre-procedure, embarrassing trial supervision procedures, the absence of institutional provisions referee makes executing entities as relief of Third Party objection appeal system function is not effectively play. The fourth section discusses the Perfection of the Third Party objection appeal system concept. First, the abolition of pre-procedure, the debtor's objection objection filed complaint does not depend on the Third Party to establish an independent complaints system debtor objection. Second, as the implementing entity relief Third Party objection complaint system and procedure for trial supervision separation. Third, the Court made clear by the Executive existing tribunals to hear the Third Party objection complaint. Fourth, the proposal of a Third Party filed objections to the grounds of the complaint is defined as in the implementation of the program before the end of the implementation of the subject matter of dispute. Concludes with a discussion of the complaint system and the Third Party opposition system and the Third Party Application Execution Objection coordination between the retrial system.

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