Research On The Remedy System Of The Third Party Rights In Our Country

In the judicial practice of our civil litigation，a variety of means against the legitimaterights and interests of the third person cases frequently appeared, this is not only violated thethird party’s civil rights, but also tremendously destroyed China’s civil procedure law andorder of credibility, that has already become a major problem of our civil procedure system.This paper analyzes and studies on our judicial theorists and practitioners proposed andimplemented the third party litigation system, the revocation of a third party appeal system,the third party opposition’s complaints system and application retrial. Explore the existingrelief system flaws, loopholes and shortcomings, the relevant relief system for analysis,comparison and reconstruction.This paper is divided into two parts, the introduction and the body. The introductionsection lists the typical behavior of a third person outside the case against the legitimateinterests of our civil litigation system, focused on the analysis of the matter outside thelegitimate interests of the third party and development trends, points out the existing reliefsystem flaws. The body of the first chapter of point out our civil litigation system and theprinciple of the rights of third parties relief, analysis the existing civil litigation system defects,the theoretical basis of the rights of third parties outside the case and the relief systemcommonality principle. From the second chapter to the fifth chapter, states the revocation of athird party complaint, the Third Party objection appeal, the Third Party for a retrial of fourrelief system of legislative purpose, nature, functions, parties eligibility, the applicableconditions and proceedings. And strive to improve legislation related systems present newknowledge and insights to make the new measures to deal with the problems in the judicialpractice, in order to protect the more potent bystander’s legitimate rights and interests,maintain law and order, the true realization of the rule of law and harmonious society.