Third Person. Case Revoke V. System

The effective judgment generally constraints the parties that involved thetrial, and won't influent the third party not involved in the original trail. In somecases, it may damage the interests of the third party not participated in theoriginal trail, however, the third party cannot protect their rights under theexisting system, It will solve this problem that establishes the system thatrevoking the judgment by the third party not involved in the original trail.The system that revoking the judgment by the third party only providedin a few countries and regions, which is the person whose interests have beenadversely affected, however has not participated in the proceedings of theoriginal trail for not attributed to their own reasons, and request to the court torevoke the original judgment or change the disadvantage part. Although thefunction of these systems are protecting the interests of the third party, there aresome differences among the third party revoking the judgment and the thirdparty participate in the trail as well as the lawsuit of the opposition to execution,such as the time, manner and position etc. The theoretical basis of this systemare the defect of Adversarial system and the expansion of effective judgment tothe third party not involved in the original trail, as well as the theory of dueprocess. The independent third party revoking the judgment could form acomplete protection of the rights of third person systems, and is more suitablefor the actual situation of our country and more compatible with the existingrights security system of third party.