On Perfecting Of The System Of The Third Party To Cancel The Suit

The system of the third party to cancel the suit is a new system in Civil Procedure Law modified in2012. The establishment of the system provides a new relief for the third party who cannot participate in litigation case not for the reason of himself. This system which provides the protection of the third person’s legal rights will have important role in civil cases. However, it is a double-edged sword. Because canceling the suit itself will threat the legal relationship stability is natural, and the regulation of law is summarized, the theory and practice research is not thorough, correctly application of this system still exist certain obstacles. The legislative purpose of full realization of this system needs more matching rules, including prosecution conditions, the results of the proceedings, litigation and the related system and cohesion, etc.In terms of prosecution, the plaintiff should be an outsider to participate in litigation, which affected their legal entity rights and interests, but due to the reason not attributable to itself; all the parties of the case shall be participate in the litigation as co-defendant; The object of litigation of third person, in addition to the effect of civil judgments, should also include the effect of ruling, the conciliation statement; The jurisdiction of the court shall be the effective judgment, ruling or mediation agreement (hereinafter referred to as the effective referee) of the people’s court; Prosecution deadline shall be within6months since he knows or should know the rights and interests damaged by referee, and the deadline is immutable; Revocation of the object should be effective running part of the referee, the referee reason should not become object. In terms of proceedings, the single trial shall not be applied. A new collegial panel hearing shall be applied; Mediation shall also apply to this kind of litigation. Usually this litigation should not affect the effect of the execution of the judgment. If the execution of the referee may lead to the third party rights cannot be guaranteed, the Court can decide whether it should be allowed to stop the execution of original referee, but the third person shall provide necessary guarantee. The scope of the judicial should be limited to a third party’s request. If original referee or conciliation statement damage the third person’s interest, the Court should make new decision to cancel the original referee or a portion of the conciliation statement against the third person, and the other portion shall continue to be legally effective between the parties. About the kinds of judgment, if the third party want to cancell the referee, the Court shall make decision whether to revoke a judgment or not, if the third party request to change the original judgment, the people’s court shall determine whether to cancel the first referee. And the effect of former referee shall be the premise of making changes to the referee. Start of the program must be prudent. In order to give full play to the function of the system, we must strengthen the Court’ power to notify the third party according to the power and obligation, and punish abusing the right to revoke and withdraw the actions of the suit by a third party.