On The Civil Retrial Procedure To Revoke The Complaint

In order to correct mistake in the effective judgment, the review procedure is carried on once more to the case tries. It is a recovery system and also an essential constituent in the civil action procedure system. The review procedure is established in the civil procedure law of our country by endowing the litigant with the right to apply for the review to the court. Simultaneously two kind of trials surveillance forms are stipulated, one by the People's court, the other by the People's Procuratorate. But under the existmg review system, the third party who is not involved in the original trial is difficult to protect his own lawful right when he suffers disadvantageously in the effective judgment. The author compares the system of the third party in the civil procedure law with opposition to execution in the execution procedure and analyzes them in the article. The author suggests that the third party system in France, Taiwan region can be used for reference to construct the procedure of discharging the judgment by the third party not involved in the original trial in our civil action procedure. The lawsuit of discharging the judgment by the third party means that the third party requests discharging or changing the judgment when his interests is violated by an effective judgment or Mediation. It is an afterwards relief arrangement to defend the interest of the third party. It is necessary and just to confirm the systemin civil procedure law of our country.