除权判决的司法救济制度研究-法律专业论文.docxVIP

上海交通大学法律硕士学位论文除权判决的司法 上海交通大学法律硕士学位论文 除权判决的司法救济制度研究 万方数据 万方数据 THE RESEARCH OF JUDICIAL RELIEF FOR INVALIDATING JUDGEMENT ABSTRACT Public summons for exhortation is the system by which the applicants apply to the court after the judgement of invalidation for negotiable instruments. Through the procedure the rights of the interested are protected. When the applicant is not the final bearer, the Article 223, Law of Civil Procedure, assumes that the litigation is a relief for the interested party. However, that proceedings here refers to what kind of litigation is not expressly stipulated by any law, so there are many kinds of explanations in practice, such as torts, confirmation or revocation. This presentation analyzes these explanations and proposes personal improvement suggestions on Chinese public summons for exhortation. This presentation is divided into four chapters. Chapter one “Invalidating judgment and judicial relief”, which analyzes public summons for exhortation and the legal effect of invalidating judgment, elaborates the necessity of judicial relief for invalidating judgment and studies the corresponding provisions In domestic and overseas. Chapter Two “The interpretation of article 223 of Civil Procedure Law of the Peoples Republic of China introduces in three cases which represent three different approaches taken by the courts. This article suggests that revocation is the most reasonable approach in the level of law. Chapter Three “Constitution of the revocation and improvement of legislation” analyzes the character and composition of revocation, compares the revocation with the cancellation action by the third party and provides some suggestions for the amendment of the Law of Civil Procedure. The suggestion is adding the revocation provision, and set up the related supporting measures. Chapter Four“Conclusion”, which summarized the full presentation, put forward an issue that unified the judicial relief way of revocation at the legislative