On The Third Party Outside The Abolition Of The Litigation In The Case

The third person outside the case of revocation proceedings is the civil law as animportant civil litigation system, which has a profound theoretical and practical value.Germany, France, China, Taiwan, Macao Special Administrative Region set the matter ofoutside the revocation proceedings. Although they are different in neither the specific nameof the respective countries,nor the status of the legal system is not the same, Justice of theprogram and the results of the just. Third person outside the case to revoke the proceedingsplay an important relief function of an afterthought. Therefore, although the laws of thesecountries after the modification, the case of third party outside the cancellation procedure isalways preserved, develop, and improve.The third person outside the case of revocation proceedings, the solid theoreticalfoundation is the constitutional protection of human rights on the cost Kybernetika;procedural guarantees of the program theoretical basis revoke proceedings of a third partyoutside the case. Although all countries are in the former protection of (the relevance of theCourt being notified, the application of the party to attend) and after protection (retrialprocedures, objection) to protect the third person outside the case, if the parties conspired toproceedings fraud, the arbitration of fraud or a court has fundamental do not know who is anotice in the third person affairs can hardly have proper protection; when the start of theexisting post-assurance procedures, the third person outside the case faces the awkwardposition of interests but no main qualification. Needless to say, to establish the case of thirdparty outside the revocation proceedings, there is a possibility, necessity and feasibility.Therefore, the third person outside the case of revocation proceedings, legislation should beput on the agenda.Stones from other hills may serve to polish the jade of this one", third party outside ofour build case revocation legal proceedings can learn from France, Germany, Japan, China,Taiwan, Macao Special Administrative Region of the legal system on the third revocationprocedures. Of course, for the transplantation of the legal system is not a simple copy,it is needs transforming according to national conditions so that it matches each system of ourcountry, and Make sure that the "Adopt Advantages from All Schools, achieves masterythrough a comprehensive study, We take the initiative to form your own style", constructionwith Chinese characteristics into the legal relief program.