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Study of the Lawsuit About Outsiders’ Dissidence to Civil Execution

Author: GeSongSong
Tutor: LiFeng
School: Zhejiang University of Technology
Course: Procedural Law
Keywords: outsider eivil execution the execution Dissidence the lawsuit of Dissidence
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 141
Quote: 3
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Abstract


The revised in 2007 of "the Civil Procedural Law of the Peoples’Republic of China" and the judicial interpretation issued in November 3,2008 by Supreme People’s Court, make the initial establishment of the lawsuit about outsiders’dissidence to civil execution. In the revised of "the Civil Procedural Law of the Peoples’Republic of China" establishment of the lawsuit about outsiders’dissidence to the civil execution,judicial interpretation make further proceedings on the lawsuit about outsiders’dissidence to the civil execution,the party eligibility,litigation and enforcement procedures to do the relationgship between the specific so that the "the Civil Procedural Law of the Peoples’Republic of China" make the he lawsuit about outsiders’dissidence to civil execution with greater maneuverability. Although the new "Code of Civil Procedure" and the new judicial interpretation in resolving the difficult issue of implementation will have positive significance, but its all in the original "Civil Law" conducted under the overall pattern of local changes , and not fundamentally break the traditional framework of the civil implementation of the objections to the system. And, both in theory and implementation of the legislation, the implementation of the outsider raises objection to the appeal of the basic theoretical issues and specific details of trial procedures, are not unified, clear ideas and regulations. To this end, it is necessary to analyze complaint outsider raises objection, while requiring the system to build a scientific and rational basis of the specific procedures of the system.This paper described outsider raises, outsider raises objection to the appeal of the concept of the outsider raises objection to the appeal of the character and nature of the outsider raises objection to the appeal of the theoretical basis of the argument, from the overall appeal of the outsider raises objection system to grasp. Then focus on a comparative study of civil law countries and regions of several typical outsider raises objection to the action of the legislative and judicial practice experience, and as a reference. Based on this analysis points out the changes before and after the "Civil Procedure Act" on the outsider raises objection to the appeal system requires the implementation progress as well as defects and deficiencies. Then the implementation of the outsider raises objection v. System in-depth study and put forward practical proposals to build a scientific and rational manner the implementation of our lawsuit about outsiders’dissidence to civil execution system.

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