The Research Of Revocation Lawsuit By A Third Party

The system of revocation lawsuit by a third party has been very advanced both in France and in Taiwan. With the amendment of civil procedural law and the introduction of judicial interpretation, the system of revocation lawsuit by a third party in our country is finally established. The contents of this system consist of subject, object, competent court, trial procedure, result, the force of law etc. different from France’s putting it in special remedies and Taiwan into reexamination proceedings, our country puts it in the section of the litigant and it is applicable in the provision of the third party, which limits "the third party" to the third party with independent claim and the third party without independent claim. According to the principle of judgment effect relativity, the effective judgment should only affect the litigant and it does not restrain person not involved in the case. But under specific circumstances, there are necessities that the force of the judicial judgment should extend to the third party. Therefore, the third party should be endowed the means of right relief, using legal proceedings.When this system was just established in China, it was to suppress the phenomena when the litigant infringed on the third party who was not involved in the case. Before the establishment of this system, action of opposition to execution and case retrial are executed in China to protect the lawful right of the third party. However, both of these two systems have some powerless effects in protecting the rights of the third party. Action of opposition to execution can only institute in the execution phase, the third party can only raise an objection to the subject matter and it cannot start proceedings directly. Case retrial can only raise objection on the subject which is defined by the adjudication. The system contents are vague itself. These two systems are not all-round to protect the rights of the third party. The establishment of the system of revocation lawsuit by a third party has made up for the shortcomings of the existing third-person relief system to a large extent. Besides substantive value, it is of the procedural value of protecting the third party’s rights of full participation in the proceedings and exercising their rights. As for the choices in the judicial practice of these three, for the system of revocation lawsuit by a third party has the advantages in whether the function orientation or the system contents, which are not possessed in both action of opposition to execution and case retrial. As long as the applicable scope of this system is reasonably regulated, it can completely replace the other two systems and realize the right relief of the third party.The content and the value of the system of revocation lawsuit by a third party is worth of recognition, but its running smoothly still relies on the cooperation of the related systems. These are the measures:building system of authority notification as a standard of whether the third party is satisfied with the revocation action, carrying out the principle of honesty and credibility to request the litigant and the third party to honestly exercise their litigation rights, making excessive punishment measures to punish the abuse of revocation action. Through perfecting the system itself and supplementing it with supporting systems, the function of legislation of the system of revocation lawsuit by a third party can eventually be realized.