On The Appeal System Of The Case Of The Application For The Retrial Of The Case

"Civil Procedure Law of People’s Republic of China" and "Supreme People’s Court on the application of<People’s Republic of China Civil Procedure Law> explanation "in force, once again made clear outsider application retrial system. This paper aims to study the meaning of existence in our civil litigation system theory and judicial practice in. Total full text is divided into three parts.The first part is a basic overview of the Third Party application retrial system. Analyzes the theoretical basis of complaint for retrial of the Third Party System, describes the latest requirements for retrial of the outsider, it demonstrated its positioning in the retrial proceedings rationality; from a legal point of view demonstrates the legitimacy of the system, the feasibility necessity, from property clarify its core values; judicial practice case Study, a comparative analysis with other Third Party Rights Protection Mechanism afterthought similarities and differences, in order to clarify the boundaries between the various systems.The second part is to apply for retrial outsider regime realistic analysis. By understanding the Third Party application retrial system in China’s legislative evolution, demonstrated the existence of this system is reasonable, but also describes the system is in perfect stage, obvious signs of repair; comparative analysis of Germany, Japan and other countries（regions） the Third Party further prosecution system, the prosecution system outsider France, Taiwan of China, China’mainland, the revocation of the Third Party v system of Chinese Macao and Italy, the United States and other countries（regions） retrial; summed outsider application retrial system there are still many defects such statute unreasonable, outsider main qualification is not clear, the legal case for a retrial is not clear, the program is not rigorous and other border design.The third part is to improve the application of the Third Party retrial system. Construction of the Third Party application by establishing the principle of retrial system, pointed out the direction of its improvement and development objectives; set design both from the upper and bottom of the Third Party application retrial system for a full range of reconstruction, and try write a recommendation provisions; in the case of multiple afterthought rights protection mechanisms outsider coexist, from the perspective of judicial practice, Take Measures to restrict the right to choose the Third Party programs.By analyzing the existing Third Party Application retrial regime, as well as the evolution of the legislative process, to explore the value of the existence of this system, its advantage lies in line with the correction of Civil Procedure habits and traditions in favor of dispute one-time settlement, and specifically describes and analyzes the defects exist in the system, aimed at finding better solutions that outsider appeal for a retrial of the system receive due attention and concern, a legitimate right to protect the Third Party a powerful weapon.