The Outsider Cancellation Suit

The system of cancellation suit of the person other than involved in the case is a new legal system in civil procedural law in our country, which adopts the model of independence procedure. That brings a series of problems about the application of this system because our civil procedural law doesn’t provide any rule to apply this procedure and that leads to many disputes in current researches. Through reviewing the history of the cancellation suit for the person out the case, based on the legal theory foundation, this article analyzes the reasonability to apply an independent procedure in the cancellation suit, reveals the shortcomings of the retrial procedure and the first instance procedure when they are applied to the cancellation suit. Finally this article put forward some advices on how to apply the independent cancellation suit, which includes the subjects, the affirmation of facts and the establishment of the relief system.