On The Practice Perfection Of Revocation By The Third Party And Its System

In the face of more and more false civil litigations, China has established the system of revocation by the third with reference to the legislations in French and Taiwan under the circumstance that legitimate interests of the third party not involved in the original trial may not be protected effectively by the existing lawsuit involving the third party, the lawsuit of objection, or the retrial system. The most important change of the revocation by the third party lies in the design of legislative system in the process of the law transplantation, which not only causes the adoption of conventional form and the huge impact on the existing civil judgments, thus affecting the legal stability and violating of essential requirements for the final relief safeguard of the third party rights and interests, but also makes the scope of proper plaintiffs too narrow to effectively inhibit the influence of false litigation on the rights and interests of such third party. In addition, conventional form adopted in the revocation by the third party also overlaps the existing systems, which causes certain problems in the system connection. This paper has five sections: the first section introduces the current situation of revocation by the third party; the second section points out the three major problems existing in revocation by the third party, namely the unreasonable application procedures, the relatively narrow scope of plaintiffs, and the overlaps with relevant systems; the third section compares and analyzes the reasons for such problems through the extra-territorial legislations; the fourth section discusses how to make connection by the comparative analysis with existing systems;the fifth section proposes relevant suggestions, mainly on the recovery of revocation by the third party as the final relief procedure. For this purpose, the safeguarded procedures in anticipation shall be perfected to implement the ex-officio notification system; on the other hand, the punishment shall be strengthened for the abuse of revocation by the third party, and the scope of plaintiffs shall be extended in the practice to effectively protect the legitimate interest of the third party not involved in the original trial.