The Procedure Of Discharging The Judgment By The Third Party In Review Procedure

Research on the review procedure, Chinese scholars generally from the review procedure theory and system building of two levels of research and exploration, but mainly limited to internal legislation and explore inherent in the legislative framework, there was little breakthrough.The procedure of discharging the judgment by the third party not involved in the original trial was originated from France,Taiwan region and Macao Special Administrative Region in china also have established the same system.The essential of the system is to make the third party mentioned above receive afterwards relief to with stand detrimental influence of effective judgment by endowing the person with the rights and subject qualification of starting review.This paper complex relationship between social change and legal background of the start of the retrial system breakthrough look, will look to expand beyond the parties to the case of natural outer third, focusing on protection of the rights to explore in practice outsider raises the blank with the retrial system convergence, and to foreign countries and Taiwan of China's legislative cases, the unit proposed to build a third retrial appeal revocation of the concept, and set on its necessity and feasibility of the specific procedures set up to do a detailed argument and elaborated. To a certain extent make up for retrial in the expansion of research in the field theory of the deficiencies, also in line with the trend of social development.The first part focuses on building a third retrial in the necessity of withdrawal of the appeal of discussion, adding a "fraud lawsuit harm" and the lack of judicial professional groups rational argument, the need to enrich the discussion, has a certain novelty. The second part of the building in the retrial of the action of a third withdrawal of the main highlights the feasibility of building the system with the existing theory and system compatibility, combined with the third part of the comparative study, the fourth part of the construction of both the specific system drawing on foreign as well as parts of the country's legislative experience, but also fully take into account the actual situation in China, has some relevance. However, the lack of empirical research, the operability in practice is also open to question, I will continue with a subject of study for early and effective results.