The Third Person Revocation Lawsuit System Research In China

Our newly revised Civil Procedure Law sets the third person revocation lawsuit system for the first time, mainly refers to the legislative and judicial practice in France and Taiwan. The primary purpose of the legislative is to curb malicious prosecution, false lawsuits and protect the civil rights of third party damage. Protection of third party rights adds an independent third person revocation lawsuit system on the basis of the original litigation system. Retrial allows the third person to perform objection complaint system. The establishment of the system increases the relief outside the protection of the rights of the third party, fills the blank for civil action to protect the rights of our third party. If the in-depth analysis of the system on the plaintiff eligibility questions, the scope of res-judicata and other issues such as coordination between other legal systems, you will find that in our country the third revision of the civil procedure law in 2013 to the revocation lawsuit system only to construct the framework of this system, its content needs to be further improved, the problem is extremely complex due to the practice, there is a dilemma in judicial practice and now we cannot overestimate the positive effects of the system. A transplant outside the legal system to produce good social effect and legal effect needs to coordinate the related system and establish logical relationship between the system and other related legal system, A single statute cannot be a complete legal system, since the system in judicial practice will face a lot of difficulties, thus the perfection of the legislative technology and localization of the legal system can make the graft survive for transplantation legal system. The good news is that the system has been refined on February four 2015, in "The explanation of the Supreme Court on the application of (People’s Republic of China Civil Procedure Law) ", in Article 292-303, but accurate use and grasp still exist, the paper consists of four parts to elaborate on the topic in order to promote the use of this system in the judicial practice.