The Research On The Third Party Opposition Proceeding Application

In order to deal with the grim situation that the malicious prosecution erode the public credibility of the judicial, and to protect the lawful rights and interests of the third person, our country added the third party opposition proceeding system which is a new litigation system in the “law of civil procedure amendment(2012)", it become a new bright spot of the civil procedure law. In February 4,2015, The Supreme People’s Court promulgated the interpretation of the Supreme People’s Court on the application of the people’s Republic of China Civil Procedure Law(Hereinafter referred to as the 2015 civil procedure law interpretation),set a special chapter to perfect specific implementation details.The third party opposition proceeding has its own unique in the context of our country: Firstly, the purpose of legislation is mainly to prevent the malicious lawsuit and the false lawsuit, but the Civil Procedure Law of our country has limited the qualification of the third party opposition proceeding system to a third party with the independent claim and a third party without the independent claim, this regulation may cause the purpose of legislation lost; Secondly, the regulation on this system has some problems such as the legislation style is not appropriate, some of the key problems in the specific application need further clearify, most criticized by scholars is the proper plaintiff of the third party opposition proceeding; Thirdly, this system has cross function with the third party system, outsider opposition to execution system, outsider retrial system, so this is a suspect that system is reset. Although the the 2015 civil procedure law interpretation give a preliminary solution to explain these knotty problems, these factors make the future use of this system difficult. This paper ask for the application road of withdraw of the third person system in the special context of our country, by examing the countries of continental legal system,especially the specific set of France and Chinese Taiwan region, reviewing the development of our country legislation and judicial explanation about the third persons’ right protection which experienced a long process, and come to anconclusion that Chinese the third party opposition proceeding system will inevitably have conflict with the third party system, outsider opposition to execution system,outsider retrial system in future,through the interpretation of the new civil procedure law interpretation and referring to foreign legislation experience, discussing how to realize the orderly connection of each system in the process of the application, the third party opposition proceeding system still needs further perfect in the specific program settings.Looking from the structure, this article besides the introduction and conclusion,the main content is divided into four parts. The first part discussed the concept and theoretical basis of the third party right opposition proceeding, and review the development track of the third party rights remedy, tell the differentiation with other related system, and know the problem of third party right remedy is that different system cohesive in disorder. The second part expounds the present problems in judicial practice after, and from the most important point of view of proper plaintiff to analysis the application space of Chinese third party opposition proceeding,application legislative path of Chinese right protection of the third party, find out the main problem of third party right protection is multi relief and connections in disorder,and analyzes the legislation defects of the third party opposition proceeding system.The third part attempts to position the third party opposition proceeding from these three parts: its function, style of legislation and how to balance this system with other three similar systems when they racing together, so that we can get rid of application dilemma. The fourth part through the interpretation of the 2015 civil procedure law interpretation, and learn from foreign experiences, put forward the main points of our country the third party opposition proceeding system still need to be clear and grasp.