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Research On The Advance Of The Withdraw Of The Third Person Other Than Involved In The Case

Posted on:2015-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:B L LiFull Text:PDF
GTID:2296330431986136Subject:Law
Abstract/Summary:PDF Full Text Request
Civil litigation is often revolves around using the both sides. The effectiveness of the court is limited between the parties. But in some cases, the court judge will be counterproposal outside the third person effect, has harmed the legitimate interests. Thus, under the existing system, outside the third person’s rights and interests have not been fully protected. We should also be conducted on the problem of how to protect the third person new to explore.To solve these problem and protect the third part in the cases. We my asked withdraw of the third person other than involved in the case due process.The core this process is the third part can ask to revoke the original judgment. On the research for this suit, we work hard to convey the difference between this suit and others. This article is forces on the research of the withdraw of the third person other than involved in the case. With this we can see the uniqueness and o to provide references for legislation, to give response to the judicial practice. On the subject, we define it is that the person is not involved in the original cases. It is mines that this person did not participated in the original suit, but if he did it, he would be the third part. The original and defendant would be the co-defendant in the new suit. On the object, we would give some proposal. Firstly, give more details in the law, and judgment are not all can be revoked. For example, judge only resolve the process problem. So this kind judges is not necessary to be revoked. Secondly, not all the cases could revoked, like personal status relationship cases.On the process, First of all, the litigant before litigation shall establish the third person to cancel the review process. Second, ordinary procedure can only apply to the trial of a third person to cancel. Again, the third person to revoke the litigant two-tier appellate, shall apply to the rights of the parties to appeal. Finally, the third person to withdraw the of the judgment shall be for the original decision of the effectiveness of the given explicitly.
Keywords/Search Tags:Third Person Involved in the Case Due Process, Outside the Third Person, Validity of Judgment
PDF Full Text Request
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