Procedural Protection Mechanism For The Third Party In Civil Procedure

In general, the effect of civil judgement is only between the litigants, however, the legal relation between the litigants may relates to some other legal relation, to resolve the disputes effectively and to resolve the relative disputes at one time, sometimes the effect of judgement needs to be expanded to some third party that have legal interest of the litigation. In accordance with the principle of "procedural protection", civil judgements should only have effect on the litigants whose procedural rights have been safeguarded. Thus to balance the conflict between "procedural protection"and "one-off solution",various countries have provided some approaches to protect the procedural rights of the third party that the effect of civil judgement has expanded to.From this point, this article has analysed the theoretical basis and structure of the procedural protection mechanism for third party. The mechanism can be divided into "the protection before judgment is formed" and "the protection after judgment is formed". This article respectively compares the "the protection before judgment is formed" and "the protection after judgement is formed"in different countries. On the basis, the article elaborates the legislation and its operation in our country, and considers that the current legislation cannot provide sufficient procedural protection for third party. At the end, the article comes to an conclusion that to establish a systematic procedural protection mechanism for third party in our country, it is necessary to start from two aspects, on the one hand to reconstruct the existing system of intervenor without independent right to claims, on the other hand to establish the system of the revocation action by a third party referring to the relevant rules in France and Taiwan district.