On The System Of Invalidating Judgment Revocation In Public Summon Procedure

The invalidating judgment is a judgment made by special procedures of thepublic summon. And it is also the main purpose for the public summon applicants toapply public summon. The223rd of Chinese newly revised "Civil Procedure Law”states:"the interested party can not declare to the people’s court before judgment for alegitimate reason, but he can sue in the people’s court who made the judgment sincehe knows or ought to know the date of its public announcement within one year”. Thearticle states that our laws can be seen as an effective protection of the legitimaterights and interests of the reach of interested parties by the invalidating judgment.However, we can see that China does not make specific provisions to declare whetherthe interested parties can revoke the invalidating judgment to the court by the literalunderstanding of the ordinance, and the ordinance does not clarify the nature of theprosecution as well. Combined with our judicial practice, there is a lot of maliciouslitigation that publicity summon applicants false reporting bills lost to get theinvalidating judgment. The imperfect and indefinite law is the main reason for theconfusing judicial trial in invalidating judgment in China. This situation not onlyundermines the order of judicial trials, but also the protection of the legitimate rightsand interests of the interested parties. Therefore, in our public summon procedure, it isparticularly urgent to improve the setting of the judicial relief program and the termsof the interested parties in the invalidating judgment.In some civil law countries and regions, such as Germany, Taiwan of China, inthe design of the public summon procedure, they achieve the protection of thelegitimate rights and interests of the interested parties through establishinginvalidating judgment revocation system. This paper, viewing from the perspective ofcomparative law, will try to find out the problems of the system of invalidatingjudgment revocation in public summon procedure in China and conclude the ideas toimprove this system by widely and wisely learning from other civil law countries andregions.This paper discusses the system of invalidating judgment revocation in Chinesepublic summon procedure from four parts.First part: The jurisprudential litigation of the system of invalidating judgment revocation in public summon procedure, which focused respectively on thejudgmental nature of invalidating judgment and the nature of the prosecution ofinvalidating judgment revocation.Second part: The systems of invalidating judgment revocation in public summonprocedure of extraterritorial countries and regions, which is mainly to analyze andcompare the invalidating judgment revocation system of Germany and ChineseTaiwan. Besides, it will introduce their legislators trade-offs when they established thesystem and the advantageous part of its design.Third part: Try to find out the problems in the system of invalidating judgmentrevocation in public summon procedure in China by comparing it with thejurisprudential litigation of the system and the system of extraterritorial countries andregions.Fourth part: How to improve the invalidating judgment revocation systems inpublic summon procedure in China. On the basis of the current legislation and itspractice, try to improve this system through widely and wisely learning from othercivil law countries and regions by a. clearly confirming the system of invalidatingjudgment revocation from the view of legislation; b. the conditions of applying forrevoking the invalidating judgment; c. the proceedings of revoking the invalidatingjudgment; d. the retroactive effect of the judgment of the invalidating judgmentrevocation; e. the announcement of invalidating judgment revocation.