The Constitution And Application Of The System Of The Third Party 's Revocation

In recent years, in the practice of civil action, it occurs frequently that the partiesobtained effective judgment or mediation to encroach on the interests of the third people bythe means of malicious collusion、false mediation, etc. In China, however, the Third Party incivil action litigation, the Third Party opposition and application execution retrial systemscannot well regulate in this phenomenon because of their own limitations. The third person ofthe new “Civil Procedure Law” established formal revocation of the complaint system, whichjust to make up the loophole of the insufficient relief to rights of third parties outside the case.The conceptual foundation of revocation of a third party appeal system mainly reflectsthe selection and balance of the program’s three basic values, which are justice, efficiency andstability. The third person revocation of the complaint’s main requirements, programrequirements, physical requirements, and the results of the elements, timeliness requirementsand jurisdiction requirements are clearly defined by our new “Civil Procedure Law”. Thereby,it facilitates the utilization and operation of the system in our practice. The establishment ofrevocation of a third party appeal system is an important manifestation of the progress of civillaw. There are many highlights in the protection of human rights and interests of third party.However, there are also many flaws, such as unclear elements of the parties, incompleteprogram elements, unrefined proceedings, and the unclear boundaries compared with ThirdParty Execution Objection System and application for retrial, etc. Almost all operatingsystems cannot be effectively utilized or maximized its efficiency until experiencingdifficulties and improvement in practical operation. As a newly established system of theCivil Procedure Law, revocation of a third party appeal system has many flaws, which can beresolved through judicial interpretation. In addition, improving the system construction anddeveloping supporting systems are necessary in order to make it run effectively in practice.