Discussion On The New Trial Lawsuit System Construction Of The Person Other Than Involved In The Case

In civil lawsuit theory and practice fields, because of legally effective judgment against interests and rights of the person other than involved in the case to appeal objections, litigation, or general litigation rights or other property rights is still uncertain nowadays. judicial supervision procedure of the Civil Procedure Law is modified by National People's Congress and the trial supervision procedure is made an judicial explanation by the supreme people's court, its main purpose is to solve the problem of "difficult appeal", and its the most core concept is to establish a new trial lawsuit system. So-called new trial lawsuit is stipulated in the constitution of the appeal rights, which make person other than involved in the case in the appeal rights promoted a litigation rights, namely, so-called appeal rights. In the Civil Procedure Law Amendment specifically stipulates the application of the parties in the new trial, and the trial right is the identical with the right of action in the first instance and appeal rights in the second instance, if the application for new trial application complies with legal conditions, the people's court shall accept the lawsuit. Since the application for new trial is regarded as a kind of special lawsuit aiming at legally effective judgment, the application of the person other than involved in the case for new trial should stipulate in proper, operational procedures for handling. The paper follows with the legislative concepts, in the light of practical judicial principles, and the application for new trial system of the person other than involved in the case, to discuss how to construct a proper, standard, highly effective, operable new trial lawsuit system for the person other than involved in the case.