Research On The Third Party's Applying For Retrial System

The Third Party's Applying for Retrial System is a new concept in the area of civil procedure in China. This paper focuses on its theoretical and practical significance to the Civil Procedure Law of China , analyses the related systems and points out the problems existed in the present regulations and judicial practice. The main effort is made on analysis of the necessity and feasibility of the Third Party's Applying for Retrial System. This paper is divided into five chapters.Chapter 1-Basic Concepts of the Third Party's Applying for Retrial System. This chapter defines the scope of the Third Party and illustrates the meaning of applying for retrial, gives a general summary of the definition and feature of the Third Party's Applying for Retrial System.Chapter 2- The Theoretical Foundation of the Third Party's Applying for Retrial System. This chapter demonstrates the theoretical foundation and legitimacy of the Third Party's Applying for Retrial System from the perspective of the judgment effect and the theory of justice, and proves the necessity of giving the third party the right of applying for retrial, from the view of the drawbacks of adversary system, the existence of fraud litigation and the deficiency of the remedy system.Chapter 3-The Comparative Study of the Third Party's Applying for Retrial. In this chapter, a brief introduction has been made on the Retrial System of Japan and Italy, the Revocation Action by a Third Party in France, Taiwan District of China, Macau SAR, China. Then a comparative analysis has been made on the similarities and differences of these systems, also introduces views of scholars on remedy of the third parties, in order to provide a reference to the establishment of the Third Party's Applying for Retrial System in China. Chapter 4-Interpretation of Norms and Practice: the Establishment of the Third Party's Applying for Retrial in China. This chapter gives a brief introduction of the present system from the point of legislation and trial practice.Chapter 5-The Perfection of the Third Party's Applying for Retrial System in China. In this chapter, the Third Party's Applying for Retrial System is distinguished from the Party's Applying for Retrial and the Lawsuit Filed by the Third Party in the Course of the Enforcement, in order to define its function; besides, refers to the content of the Revocation Action by a Third Party, this paper suggests defining the scope of the third party, regulating the retrial reason and procedure.