The privilege of order is the main component of rights in guarantee contract disputes.Due to the lack of specific provisions in current laws,regulations,and judicial interpretations regarding the procedure for exercising the privilege of order,there exist difficulties in the application of the court's power alienation,imbalanced proportion of enforcement,and unclear identification of elements.There is also a lack of overall understanding of program operation in relevant academic discussions.In the design of the litigation procedure for the privilege of order in the study of the connection of substantive procedures,the exercise of the right must be voluntarily advocated by the general guarantor before the end of the first instance debate.The judge can only make negative explanations to advance the litigation process,and the legal conditions for the establishment of this right are concretized through three situations obtained through judicial data analysis.At the level of improving the rules for eliminating the cause of action,this program design provides supplementary explanations for the special situations where the general guarantor's implied waiver and execution cannot be carried out.
关键词
先诉抗辩权/实体程序衔接研究/制度设计/实体权利/程序规范
Key words
privilege of order/research on the connection of substantive procedures/institutional design/substantive rights/program specification
万方数据