The Study Of The Suit Of Challenge The Judgment By The Third Party

In order to solve the problem of false litigation and malicious litigation in the judicial practice, in January 1,2013, China implemented the "People’s Republic of China Civil Procedure Law", the addition of third people to withdraw the system. The withdraw of the third person action system refers to the originating outside the third person to the people’s court request revocation originating between the parties has occurred legal effect, that the mistakes of civil judgment of civil ruling book and civil mediation, in order to safeguard the civil rights of a legal system. On the basis of the relevant provisions of the law of the third party, the relevant provisions of judicial interpretation and theoretical research, the author analyzes and discusses the system of revocation of the third party in civil procedure law in Taiwan, China. In addition to the introduction and conclusion, this paper is divided into four parts, the main contents are as follows:The first chapter is about the overview of the system of action of the third person, including the analysis of the meaning, characteristics and types of the third persons, and the comparison with other third party system in the Civil Procedure Law of China.In the second chapter, the analysis of the third cases of the system of revocation of the appeal system for several types of cases. In the field of civil litigation in our country, there are some cases in which the property right of property right is in the case. In the trial practice of more performance for the case of private lending disputes, divorce proceedings involving the property of the two parties involved in the case and the court accepted the case of bankruptcy involving property rights. And in the case of litigation, the person is not as orLazy as, may damage the legitimate rights and interests of the decedent. In addition, it may have a potential impact on the legal rights and interests of the third people in the civil judgment with the effect of the world.The third chapter analyzes the elements of the system of the third party’s withdrawal of our country, the proceedings, the legal effect and the right remedy. The elements of the system of action of the third party’s withdrawal are discussed in the aspects of the subject, object, the court of jurisdiction and the conditions of prosecution. The part of the trial procedure is mainly from the standard of review and case study. In the proceedings and the effectiveness of the two aspects to discuss the legal effect of the revocation of the third person system and how to relieve the system of action of the third party.In the fourth chapter, the paper expounds how to coordinate and link the other relevant systems in the judicial practice of our country’s third party system of revocation. From the new implementation of the "people’s Republic of China Civil Procedure Law" provisions of the content, the establishment of the system of third people to withdraw the appeal system to make our country more complete system of third. Third people of the system of revocation of the litigation system and other systems, and more to maintain the legitimate rights and interests of third people. At the same time,Also increased the principle of good faith, civil sanctions, etc.. In the trial practice, in the judicial practice, we should pay attention to the mutual coordination and cohesion of the legal system.