Research On The Third Person To Cancel Lawsuit System

With the development of society,social conflicts and disputes become increasinglycomplex,diverse,civil litigation is not only limited to resolve private right disputebetween the defendant’s in the proceedings, but also to resolve the dispute disposable,normally the effectiveness of the court ruling will expand to a third person,the case of athird person outside the court referee’s rights are being violated,the suit of the third partydischarging judgment subsequently established.In accordance with the principle ofrelativity of the Res judicata,the establishment of this system is a challenge to the Resjudicata,at the same time,it is result of the appeal of the interests of expansion.For ourcountry’s legislation and practice,this system is a new attempt too.This paper attempts to research the suit of the third party discharging judgment fromfour levels:Firstly, this paper elaborates the basic theory of the system which is from theconcept, nature,value and function.Secondly,analysis of legislation and judicial practice in France,Taiwan and Macaoregions about this system through comprision,China’s legislation references othercountries or regions’.Thirdly,emphatically describing the current legislative status quo,analyzing the lackof the legislation,including that legislative style is confusing,the main conditions are notstringent,jurisdictional requirements are sketchy,proceedings is not clear,the force of lawis not required,prevent the abuse of the right to appeal system is missing,and remedy ismissing.Lastly,the improvement of the third party discharging judgment,including transversesound that is positioning the system and other systems,and the portrait perfect that isspecific recommendations to improve the legal.Revocation proceedings as a third party toprotect third party interests in a new system,which is the protection of a third person onthe original supplement and perfect the system,only the case of mutual cooperation in theoperation of the various systems in order to achieve the protection of third party intereststhe most important function,but our law in the legislation, and did not explain how thevarious systems,and therefore,this paper puts forward the corresponding suggestions on this.In addition,the paper top priority for improving the system’s specificrecommendations.According to the third part of the legislative deficiencies exist,based onChina’s judicial situation,proposed regulations and other supporting measures andcountermeasures to improve coordination system construction,mainly comprising: First.Correcting the legal style.Referring to legislation in other countries and region, put thethird person revocation proceedings independent of the third party to the litigation,it isrecommended to set in trial proceedings,and proceedings tied to special relief program;Second,Combined with foreign legislation experience and the present situation of ourcountry’s legislation, redefine the eligibility scope of the parties.Third,refinementjurisdiction provisions.Refinement jurisdiction provisions,enhance operationalpractices;Fourth, learly defined rules of procedure.What program to use tohear,determine which party is entitled to post-trial relief ways;Fifth,clear the originalreferee body,there is no clear undo the main body of the original referee, separate legaloperation easy;Sixth，clearly defined legal effect.It should be clear that the legal effect ofthe law,so that the parties forecast to start the program after the legalconsequences;Seventh,establish mechanisms to punish the third party the right to revokea reasonable regulation,a reasonable restriction on the powers of the protection ofrights,the rights are relative;Eighth,setting Remedies.Although the third personrevocation proceedings are special relief program,but its the same with ordinarylitigation,the parties should also be set up as a way of relief.