变更和追加执行当事人之救济制度研究诉讼法学专业论文.docxVIP

1 1 2 2 Abstract In the civil enforcement legal system, because of the emergence of certain reasons, the rights and obligations of the original parties should be enjoyed or bear by others, so the parties’ alteration and addition is needed. The remedy procedure of parties’ alteration and addition in civil enforcement, as an important part of the remedy procedure in civil enforcement legal system, it provides legal protections for both parties and people who are not involved in the case when their legal rights are infringed. The civil procedure law revised in 2007 and the judicial interpretation improved the remedy system in civil enforcement largely, it makes a clear distinction between procedure relief and substantive relief. It provides a more effective way for the protection of the legitimate rights and interests of parties and others. But it didn’t add the remedy of the process of parties’ alteration and addition, especially the substantive remedy. Started with the demonstration of the necessity of the remedy, and then the introduction of the legislation in other countries and Taiwan of China, the thesis put forward some suggestions and proposals for the construction of the remedy procedure. This thesis is divided into 4 parts. Part 1 is the overview of the theory of the remedy process of parties’ alteration and addition in civil enforcement. The thesis introduces the current legislation of parties’ alteration and addition, and demonstrates the necessity of the remedy process of parties’ alteration and addition. Part 2 is the analytical comparison of the remedy of parties’ alteration and addition. Firstly, the thesis introduces the remedy system in some typical countries of the Continental Legal System, and analyses the remedy system in our country, then it points out that the main defect of the remedy in our country is the deficiency of substantive remedy. Part 3 is the necessity and practicability of the perfection of the remedy of parties’ alteration and addit