The Stranger For A Trial De Novo Of A System To Build

As China's economic and social development, people are increasingly frequent economic exchanges, the increase in civil litigation, in particular, damage to third parties such collusion cases of increased legal rights so that the third person as the Third Party with legal protection of the legitimate rights and interests of self- very prominent. The Third Party application for a retrial of their system as a result of the Third Party has been in force decisions of the Court a remedy against the interests in protecting the legitimate rights and interests of the Third Party, and regulating the integrity of our civil litigation environment is important. Because of the existing procedures of judicial supervision, there are many imperfections, our law has not conferred the Third Party the right to apply for a retrial and the Third Party in the trial supervision procedure in the legal status of the retrial is not clear, so that the Third Party with law to safeguard their legitimate rights and interests of difficult to get the necessary legal support to the Third Party in the judicial protection of legal rights of many problems encountered in practice. From the perspective of legal academia, the establishment of the Third Party apply for a retrial of the system has always been an important academic topic. In this paper, the Third Party dissent at home and abroad and apply for a retrial comparison of the starting system, the Third Party from the China's retrial system problems, the Third Party apply for a retrial of the system value, the Third Party application for a retrial, and the Third Party to apply the qualification conditions for retrial a comprehensive exposition of the four applications for retrial of the the Third Party, and the right to relief from the Third Party, according to law theory, the lack of relief and how to strengthen applications for retrial to improve the system of the Third Party in order to strengthen the protection of the legitimate rights and interests outsider raises the related proposals to apply for the retrial of the Third Party System provide a useful reference.For a long time, China's civil litigation system, because the right of appeal relief systems, and entry into force of the referee against the Third Party, particularly the damage malicious collusion case, the parties outside the legitimate interests of third of cases increasing year by year, the specific view, the Third Party application for a retrial of the case in all areas covered by civil law, for example: property disputes, dispose of the appeal ruling party property, which led to the Third Party application for a retrial; in claims disputes, litigants malicious collusion, transfer of assets, evasion of debts, against the interests of creditors ; shareholder litigation is that areas of high incidence of behavioral problems, shareholder representatives, through his office, the use of information asymmetry against the legitimate interests of other shareholders act; representative actions, the representative did not conscientiously perform their representative duties, causing to be representative legitimate interests have been infringed and so on. The legitimate interests of all areas of the Third Party emerging phenomenon of infringement. In this context, the interests are infringed upon the Third Party to provide the necessary relief mechanism, it is the Third Party to apply the core value of the retrial system. 2007 revised Code of Civil Procedure section two hundred and fourth and subsequent introduction of the Supreme People's Court "on the application