On The Action Of The Third Party

The third person to participate in the lawsuit system was added in the article of 56 of the new revision of Civil Procedural Law. This thesis expounds the core theories and application of the suit of revocation for the third party from the perspective of the third paragraph of article of 56 of the new revision of Civil Procedural Law, which is divided into five parts on the basis of mounts of data or literature collection and sorting.First, it introduces characteristics, function and significance of the suit of revocation for the third party, establishing the theoretical foundation of the writing. Then, it compares with the research of France, the Taiwan region and Chinese Macao on this system from aspects of subject, object, procedure, etc., to provide for the legislative reference for China’s mainland. Third, it talks about the background and application situation of the suit of revocation for the third party in our country, including theoretical foundation, legislation needs and practical reasons. Next, through analysis the advantages of suit of the revocation for the third party of our country and the flaws existing in the application, it puts forward related suggestions to further improve the system of the third person suit right of revocation, such as construction of the supporting system, the civil sanctions to the malicious litigation and Basic principle of good faith, when applying the suit of revocation for the third party,lawyers and legal officers must consider about concrete conditions in practice and pay attention to the effective connection with them.