| 案外人异议之诉研究 |
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| 引用本文： | 章武生,金殿军.案外人异议之诉研究[J].法学家,2010(5). |
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| 作者姓名： | 章武生 金殿军 |
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| 作者单位： | 复旦大学法学院;上海市高级人民法院; |
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| 摘 要： | 2007年修改的民事诉讼法通过赋予案外人以提起诉讼的方式对执行行为可能侵犯其实体权益的情形予以救济,确立了案外人异议之诉的独立性,恢复了案外人异议的实体性本质。为了实现案外人异议之诉的价值,有必要在当事人、诉讼请求、管辖法院等诉讼构造以及当事人诉权的限制上实行与一般民事诉讼不相一致的独特制度。
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| 关 键 词： | 执行程序 案外人异议之诉 诉讼构造 |
Study on the Lawsuit Filed by an Outsider in the Course of the Enforcement |
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| ZHANG Wusheng,JIN Dianjun,Ph.D.,Professor of Fudan University Law School,Jin Dianjun,Judge of Shanghai High People's Court.Study on the Lawsuit Filed by an Outsider in the Course of the Enforcement[J].Jurists Review,2010(5). |
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| Authors: | ZHANG Wusheng JIN Dianjun PhD Professor of Fudan University Law School Jin Dianjun Judge of Shanghai High People's Court |
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| Institution: | ZHANG Wusheng,JIN Dianjun,Ph.D.,Professor of Fudan University Law School,Jin Dianjun,Judge of Shanghai High People's Court |
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| Abstract: | The Civil Procedure Law of 2007 modified the way to claim the remedies of an outsider in the course of the execution made by The Civil Procedure Law of 1991.The outsider may file a lawsuit to claim the remedies for the damages.In order to realize the value of the lawsuit filed by an outsider,it is necessary to enforce different regulations from the normal lawsuit,such as the plaintiff,the defendant,the claim of the lawsuit,the jurisdictional court,and the restriction of filing a lawsuit by the outsider,etc. |
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| Keywords: | Procedure of the Execution Lawsuit Filed by an Outsider The Structure of the Lawsuit |
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