On The Suit Of Revocation Action For The Third Party

The third party system was written in the new "Civil Procedure law of the People’s Republic of China" on January1,2013, which is written in the article of56. Purpose on maintain the interests of the person who is damaged by effected judgment. Talking about the value of the system, which by comparing it with other laws. Such as France, Taiwan and Macao. On the purpose of making the system more perfect. The paper is composed by three parts; they are introduction, text and conclusion.The paper is divided into five chapters as followed:The first chapter introduces the concept and the features of the suit of revocation for the third party. Consider the new system as a whole and make a preliminary form for readers. Firstly, the paper introduces the concept of the suit of revocation for the third party. Analysis the characteristics namely; afterwards relief procedures, the suit for change, and the subject and object are specific.The second chapter introduces the applicable conditions of the system. Namely, four form factors and a nature factor. While form factors are include the legal subject, the reason of cancel, the limit of trail time and the trial court. Emphasis on the limitation of braking litigation fraud.The third chapter introduces that how to apply the third party system. According to the other countries and areas’experience I analysis specific cases from object, the form of trail, the trial period and the way of undertake the legal fees. On the principle of "litigation economic" justice the case by the original court. On the principle of the suit of revocation for the third party is similar with the action for retrial. Adding mediation and ruling as the way to drop the third party system. Setting the trial period according to the retrial proceeding. On the principle of making the dispute solution diversity. Raising the cost of litigation On the principle of curb the third people abuse of litigation.The forth chapter introduces the defects the suit of revocation for the third party and how to improve it. Think that the position of the third party system is not reasonable. The article advice put it in the action for retrial.The innovation points of the paper are as followed: On the basic of "be sure to apply" theory. Suggest that change the position of the third party system in the "Civil Procedure law of the People’s Republic of China"; on the apply conditions expand the scope of the plaintiff; on the runs of the program establishing double standards, ex panding the scope of the courts, setting the trial period on different classification, increase the referee forms, raising the litigation costs.