On The Procedural Safeguards Of The Civil Procedure Third Perfect The Mechanism

In general, the civil litigation only resolve the privacy dispute between the two parties. But in certain circumstances, the judgment may affect the fights of third parties outside the litigation. So, how to protect the interests of the third party, become a major issue that we should resolve. The principle of "procedural protection" has attracted more and more attention today, so we should pay more attention to the protection of the third party. This paper concerns the improvement of the procedural mechanism for protecting the third party.In addition to the preamble and conclusion, this paper is divided into totally three chapter:Chapter 1:Theories foundation of the procedural protection for the third party.In general civil litigation, the effect of the judge had effect on the two litigious parties.But because of the complexity of the sodety life, under some situations, the civil litigation involve the benefits of the third party. From the principle of the "Resolve disputes one time", It's necessary to make the solution of the dispute between the two litigious pasties and the dispute between the two litigious parties and the third party unifily in the same procedure.However, from the principle of the" procedural protection",it is lack the proper obviously to expand the effect of the judge to the third party not have attended the civil procedure.Because the the "procedural protection"what emphasize is, to let the person whose rights may be suffered the litigation influence will all have the opportunity to participate the litigation procedure., making their can express their claim in procedure, participating the certain judicatory formation process. Like this,the "procedural protection" and the principle of the "resolve disputes one time" present the inside dash strain relation. But the "procedural protection" and the principle of the "resolve dispute one time" are all foundation of the civil litigation procedure,can't be partial to discarded. Therefore, in constructing the civil procedure ,it is necessary to look after both sides of" the procedural protection" and the principle of the "resolve disputes one time". Chapter 2:Mechanism of the procedural protection to third party in theory.In order to achieve the goal of balance "the procedural protection" and the principle of the "soluting the dispute one time".It is need to set up a procedure to insure the third party whose right will be affected by the judge having a chance to attend the procedure. In theory, the mechanism of the procedural protection to third party can be divided into" the procedural protection before the judge forming" and"the procedural protection after the judge forming" ."the procedural protection before the judge forming" give the third party opportunity to participate the procedure before the judge forming.But if the judge is already certain, and the third party have not attended the ex-litigation procedure, in order to protect the third parties' benefits, it is have two kinds different choice:While carrying through strictly the principle of "the effect of the judge only available to the parties having attend the procedure",or let third.party restricted by the judge effect between others.If we adopt the first mode, it is have no necessary to provides the third party procedural protection, but if adopt the second mode,it is necessary to establish the procedure to protect the right of the third party.so "the procedural protection after the judge forming" is necessary.It is also have two choice: "expand the subject qualification of the retrial to the third pasty" and the"Revocation action by a third party"Chapter 3:Perfecting the procedural protection of the third party and the "revocation action by a third party".In this chapter, the authors first to do the inspection of the current system of civil protection mechanism. Through the inspection, the authors pointed out, the biggest drawback of China's civil procedural protection mechanism to third party is lack of the "the procedural protection after the judge forming". Therefore,the establish of "the procedural protection after the judge forming" is necessary and inevitable.It is two choices to establish the "the procedural protection after the judge forming",these are "expand the subject qualification of the retrial to the third party" and the "Revocation action by a third party". After two types of models are compared and analyzed in light of China's civil practice,the author to conclude that the"Revocation action by a third party" should be adopt to improve procedural protection to the third party.Finally, The author table some proposal to the establishing of the"Revocation action by a third party" in China.