Research Of The Third Party Revocation Lawsuit System

The third party revocation lawsuit is a kind of lawsuit that initiated by the third person when the law court’s legally effective judgment, verdict and mediation document after trial of cases harm the third person’s interests. The third party revocation lawsuit springs from the civil law countries and districts, and the legislation in France and our country Taiwan area is comparatively mature. This lawsuit is aimed at protecting the third person’s procedural rights and substantive rights and suppressing false litigation. Out country didn’t have the third party revocation lawsuit initially. But along with the market economy’s rapid development in recent years, the event that both parties initiate false litigation to harm the party’s interests very often. Because of the lack of relative legal institutions, many third parties’ legitimate rights and interests can’t get effective relief. The third party revocation lawsuit is introduced to our country in this background.However when the Civil Procedure Law adds this lawsuit during its revision in 2012, because of the stiffness of transplantation of law and the deficiency of the legislative technique, in fact the provisions of the third party revocation lawsuit of our country is very simple and crude, only embodied in one article of law of paragraph 3 of article 56. The lack of concrete stipulations leading to the application according to the judge’s own thought in the actual juridical practice. At the same time, the application of the third party revocation lawsuit and Outsider’s retrial application, outsider’s execution objection is very chaos. It is urgent to improve them through legislation.Aiming at the above problems, the Interpretation of the Civil Procedure Law of 2015 adds an amount of articles, concretely stipulating the third party revocation lawsuit’s judicial proceedings, such as the indictment’s contents, period of service, the party’s claims, the court’s contents of judgment all have been stipulated concretely. At the same time, the law adjusts the relationship between the third party revocation, outsider’s retrial application and outsider’s execution objection institution, sorting out the relationship among each institution. This solves the chaos of the the judicial application.This thesis puts the third party revocation lawsuit in the whole outsider right relief system. From analyzing the concept of the third person, the outsider, the third party revocation lawsuit, the thesis analyzes the purpose of legislation of the third party revocation lawsuit, makes contrast with foreign country and area’s measures, and analyzes the deficiency of the third party revocation lawsuit and the joint between the third party revocation lawsuit and other outsider’s right relief institutions. At the same time, the thesis analyzes the new provisions after the revision of the judicial interpretation, analyzes the reasonable reasons of the legislation and explains the relative stipulations’ value. At last, the thesis continue probes into the deficiencies still existing in the legal regulations and offers my own suggestions, hoping to offer help to the legal research in the future.This thesis has five parts:The first part is about the summary of the third party revocation lawsuit. The thesis makes definition about the concept of the third party revocation lawsuit, and analyzes the third party revocation lawsuit’s nature, and the purpose of legislation.The second part is a brief introduction about the civil law countries and districts’ instance of legislation. Represented by France and Taiwan’s third party revocation lawsuit, the thesis introduces each legislative background and specific stipulations, and briefly contrast with our country’s institution, thus laying the foundation of the reference about France and Taiwan’s related stipulations.The third part is analysis about Civil Procedure Law’s stipulations about the third party revocation lawsuit. The third paragraph of article 56 of Our Civil Procedure Law stipulates the third party revocation lawsuit’s competent court, pendend lite, etc. And the third party revocation lawsuit can be raised at the same time as the objection of execution. The Interpretation of the Civil Procedure Law adds an amount of provisions during its revision in 2015, improving the third party revocation lawsuit’s procedure, such as the defendant and the third party, the types of cases that can’t be applied, the trial procedure, the content of the judgment and the way to relief, etc. At the same time it gives the choice between the third party revocation lawsuit and the outsider’s retrial application. As to the third party that can raise independent claims before execution, the Interpretation allows them raising the third party revocation lawsuit. It also gives the choice between each outside relief institution in the execution phrase.The fourth part analyzes the deficiencies of the new Interpretation of the Civil Procedure Law. The stipulations about the cause of action, plaintiff and defendant and other procedural provisions are vague and faulty, and the third party revocation lawsuit and the outsider’s retrial application have superposition. For example, the third party who can raise independent claims before execution can raise the third party revocation lawsuit or outsider’s retrial application. The new Interpretation of the Civil Procedure Law has deficiencies about some related stipulation about the choice between the third party revocation lawsuit and the outsider’s retrial application. This part makes analyzes about the legislative stipulations about the third party revocation lawsuit one by one, thus making suggestions about the perfection about the third party revocation lawsuit.The fifth part is the perfection about the third party revocation lawsuit. As to the deficiencies of the Civil Procedure Law, the new interpretation makes some perfection in the adding stipulations. At the same time, this thesis also proposes some suggestions. The thesis also makes some propositions about the new interpretation, hoping to help the research about the third party revocation lawsuit.