Research On The Third Party's Applying For Retrial System

The revised Civil Procedure Law in 2007 and the following relevant judicial interpretations provided a number of principle applications for the third party in the retrial system. However, there are still some issues in the specific operation of the system. The thesis attempts to propose some constructive recommendations of the improvement and the building on the third party applications for the retrial system, by the way of comparative analysis for the advanced legislation and academic study in the extraterritorial, combined with the trial court practice. This article is divided into four parts.ChapterⅠThe first part focuses on the content and the jurisprudence basis for the third party applications for the retrial,and discrimination on the related concepts.ChapterⅡThe second part mainly analysis on the more mature mode for the right relief in the perspective of comparative law overseas, contributing to the reference legislative experience for China building the system of the third party applications for the retrial.ChapterⅢThe third part elaborate on the current status and problems of the third party applications for the retrial system in China with the author's trial court practice, and summarize the crux of the operation of the system adopting a typical case study.ChapterⅣThe last part eventually propose recommendations for the improvement and the building for the third party applications for the retrial system.The core controversy of the system that the subject element is discussed in detail, and suggest for the building on the directions in the future, in combination with the elements and supporting rules and regulations of the system.