Perfecting Of The Revocation Of The Suit By The Third Party

Revocation of a system of third-party litigation is modified during the CivilProcedure Act2012, the new settings. Based on the system of express provision, theanalysis in the implementation of the problems in the third run withdrawn litigation.ON the basis of comparative study of extraterritorial related systems, considering theirfacts, suggestions to improve our third party revocation proceedings.Introduction the full text is divided into five parts to remove:The first part: revocation of a third person action legislative intent Analysis. Thissection expressly provided by law, based on our understanding of the third personrevocation litigation. The system set up by ordinary proceedings aimed at protectingthe interests of third parties. First, the establishment of third parties, focusing on theprotection of third party civil rights; second, the legislators have consciouslypositioning system as the conventional ordinary proceedings.The second part: the third person of the revocation proceedings EmpiricalAnalysis. This section describes the judicial practice, the third one is withdrawnlitigation issue, and second, analyze the reasons causing these problems arising.Problems mainly exist in the judicial practice in three aspects: first, the revocationproceedings against the third person reference retrial system is implemented; second,the revocation proceedings against the third party abuse; three is the third part of thecourt temporarily withdrawn lawsuits filing. The main cause of these problems lies infive areas: first, the revocation of a third person action provision itself is moreprincipled, lack of interoperability; second, the third person subject to revocationproceedings as a third party to participate in the proceedings fourth, China’s thirdhuman revocation proceedings in the system; trio as the basis, and the third partysystem in our country there are many problems in itself; third, the revocation of thethird person is positioned as an ordinary litigation proceedings, and not to benecessary to limit without making arrangements with other third parties whoseinterests between relief programs use sequence.The third part, a comparative analysis of extraterritorial regulations. This sectionintroduces the relevant systems in Taiwan, China, France and regulations, the systemcompares the relevant rules of national and regional differences and similarities with our third-party litigation between the revocation revocation litigation can learn perfectexperience for our third person measures.The fourth part of the third factor in improving people revocation proceedingsshould be considered. Consider the balance of res judicata balance stability andprotect the interests of a third person, the third person as a separate lawsuit revocationproceedings due to their characteristic features of the relief well, such as balancing theinterests of the right to appeal and jurisdiction.The fifth part of the third person perfect revocation proceedings: mainly fromfour aspects: First, from a third person action system itself revoked, the revocationproceedings perfect third person Elements; Second, the creation of the abuse thirdperson revoke economic sanctions; third, from the microscopic point of view theprogram, through the operation of the specific program to prevent abuse of third partyrevocation proceedings; fourth, to establish the Third Party opposition to executionappeal the revocation proceedings with a third person the relationship between themain choice.