A Study On The Perfection Of The System Of The Third Party 's Revocation

In response to a false lawsuit, protecting the third party who did not participate in the original action but adversely affected by the the interests of the trial, at the same time to protect our existing civil rights of a third person supplement relief system, "Civil Procedure" incorporates the system within the framework which is revocation the lawsuit by the third party. Establishment of the system not only broadens the scope of the theory, but also improves the role of procedural law playing. This paper demonstrates the definition and theoretical basis of the revocation lawsuit by the third party through investigation and study the status quo of extraterritorial legislation. Based on the reality of our country’s judicial, the article summarizes the obstacles of revocation lawsuit by the third party and provides the methods to develop.Articles will focus on the corresponding discussion in four parts in addition to the introduction and conclusion:The first part consists of two aspects, one is defining revocation lawsuit by the third party, clarifying the concepts and features, and making the distinguished from other relief systems for the third party; on the other hand is by analyzing the theoretical basis of revocation lawsuit by the third party in order to deeply understand the revocation lawsuit by the third party.The second part concentrates on further constitutes the theoretical research and system by analyzing the regulation by other country from the perspective of comparative law. Revocation lawsuit by the third party initially was established in France, and introduced in Taiwan and Macao special administrative regions at the first place. It can be analyzed from the subject, object and procedure in those countries and regions in order to explore the mode of revocation lawsuit by third party.The third part analyzes the disadvantages of the revocation lawsuit by the third party for this system can play a main role by demonstrating the obstacles of function about revocation lawsuit by the third party in current system and furthermore making research from the legislation and practical aspects in our country.The fourth part is expanding the scope of the plaintiff, expanding jurisdiction by the court, establishing the dual standard for prosecution, coordinating third lawsuit withdrawn relief and establishing other third party systems. based on learning experience of the mature countries and regions, and on the basis of specific judicial actually made according to the corresponding improvement measures including legislative system should be adjusted to the system.