Research On The Third Party Applying For Reversing The Judgment In The View Of Fictitious Litigation

In the nearest amendment of Civil Procedure Law in 2012, one new system called suit of the third party applying for reversing the judgment has been established. In 2014,The supreme court of the People’s Republic of China issued the judicial interpretation of Civil Procedure Law. The legislative purpose of the third party applying for reversing the judgment is to relief the third party, which is infringed by fictitious litigation. This paper attempts to adopt foreign advanced legislation and previous comparative analysis of academic research, combined with China’s actual situation, attempts to put forward some constructive suggestions for the new system.This article mainly includes the following five parts.The first part introduces the meaning, nature and characteristics of the fictitious litigation. Through the introduction, the writer wants to make the readers have a preliminary understanding of the fictitious litigation. Using the fictitious litigation elicit the third party applying for reversing the judgment.The second part is an overview of the third party applying for reversing the judgment. In this part, the contents include the concept, the characteristic, and the legislative purpose of the third party applying for reversing the judgment, the new system’s origin of Comparative Law. In this part allows the readers to have a preliminary understanding of the new system.The third part analyzes the elements of the third party applying for reversing the judgment. At present, France and Taiwan have established the system. In this part, the subject, object, jurisdiction and the period of this new system are elaborated. This part is a transition section. All of the content in this paragraph is prepared for the next part. Certainly, explaining the elements of the new system is just one purpose. Moreover, the writer wants to analyze the appliance of the third party applying for reversing the judgment.The fourth part discusses the appliance of the third party applying for reversing the judgment. As a new system, if we want to apply it, firstly we must know its legal proceedings. Then we need to analyze the legal authority and legal remedy of this new system. This part elaborates the proceedings of solving fictitious litigation by using the third party applying for reversing the judgment by giving examples.The fifth part mainly discusses the improvement of the third party applying for reversing the judgment. There are problems in application of the system. The third party applying for reversing the judgment must be revised and improved. On one hand, the principle of good faith needs to be refined. On the other hand, we also need to straighten the relationship between the third party applying for reversing the judgment and the other third party legal institutions. I hope the third party applying for reversing the judgment can play an important role in solving fictitious litigation through these improvement suggestions.