The Third Person To Cancel The Suit Case Problem Research

With the development of society and economy, the modern people is higher and highercultural level, to understand the law of the people have to too much. But at the same time,there is some criminals, they use the law to achieve their illegal purpose damage thelegitimate rights and interests of a third person innocent, for this situation, our country beforeand there is no special law to remedy of the third people, until after we amend the civilprocedure law of our country in2012made the third revocation of a special law of protectingthe legal rights and interests of a third person. At present the research articles to the thirdperson to cancel v. is not much more special, some scholar’s theory views are different. Thirdperson to cancel the suit is due to set up a time not so long in the actual court case does nothave a unified standard, at the same time, our country at present the third person to cancel v.system also exists some shortage, this article in view of these shortcomings and deficienciesand puts forward some own views and opinions.This article embarks from the case, the use of the theoretical analysis method of the thirdperson to revoke suit case standard to carry on the detailed analysis of the main subject, object,entity, time and the jurisdiction of the court prosecution, etc., also analyzes the third person tocancel v. some characteristics, such as special purpose, object constraints, determine theeffectiveness of the former law; At the same time this paper also USES the comparativeanalysis method to the third person to cancel proceeding with the execution objection suit andapplication for retrial proceeding comprehensive comparison and analysis of the case whychoose the third person to cancel proceeding, the parties and their legal effect of theimplementation.This article is based on a true case in combination with the relevant provisions of the lawand legal scholars point of view of the third person to revoke the litigant to conduct acomprehensive analysis of specific case analysis of the standard, and some blank points outnot only in theory of the third person to withdraw the advantages and disadvantages of v. also included a third person entity right relief and the penalties for false litigants. For won a thirdperson should be the economic compensation, reputation such as compensation for falseaction of a third person should be given a fine or detention and other penalties. Through thismethod tries to make a third person suit become more comprehensive more perfect. Make therights of a third person get real benefits, the interests of a third person get real protection,make the legislative purpose of the third person to cancel suit real implementation. Thisarticle through to a real third revocation of the lawsuit legal cases of the comprehensiveanalysis of the third person to cancel v. applicable standards, and the issues should be paidattention to apply in practice, expect the court after apply the third person to revoke suit hascertain theoretical and practical reference value.