Research On Rural Land Circulation System Construction

The purpose of civil procedure is to solve disputes between the parties, which results that judgments is only binding on the parties. But legal practice pursues the dispute to be solved thoroughly one time. The lawsuit system on the function of set of dispute and the check for is expanding. This always extends the efficacy of court's judgment to the third party out of the case. Accordingly, it makes the judgment that only restricts both parties disposes the interest of third person. The amount of civil lawsuits is increasing due to the development of social economy. The case of abusing the litigious rights such as dishonest lawsuit is also increasing. And the legitimate rights and interests of the third person are damaged repeatedly. At this time, we just rely on the Civil Procedure Law about the objection of outsider execution and the outsider to apply for a retrial system, which is not good for the better protection of the third party's rights and interests. Although the lawsuit of the objection of outsider execution and the outsider to apply for a retrial system makes contribution to protect the third party's legitimate rights and interests in some extent, The the lawsuit of the objection of outsider execution could not solve problem thoroughly. Due to more requirements of the outsider to apply for a retrial and the party can not reach the requirement of application, adding a third party discontinuance in Civil Procedural Law of 2012 becomes necessary. The so-called third party discontinuance is that effective judicial documents of the court which relates to the third person in law. As it is not us to take the responsibility and we do not know the existence of original lawsuit case objectively and without any opportunity to take part in the trail of the original case objectively. Leading to the effectiveness of original judgment threat or damage the right and interest of his. However, there is no other relief way to use. We should revoke the original effective lawsuit that against the third person from the court. The third person revoke the lawsuit is a kind of special right relief program. Without attending to the original lawsuit and has no relation to the judgment, the third person can do the independent relief activities.In the first aspect, the author explains the basic theory of the third person discontinuance, analyzing the nature, the concept and characteristics of the third person discontinuance. It preliminarily explains the basic content of the third person discontinuance. Then it researches the basic theory of the third person discontinuance, including specific theories, res judicata problems and procedural safeguards.In the second aspect, the author explains the current situation of the third person discontinuance. The author studies the subject and object of the system and explains the trail procedure and trail effect further. After the example analysis, the author comes up with the current situation and existing problem of this system in the practice in our country. It also explains behaviors of the litigious rights abuse. This aspect not only has application performances, but also has theoretical performances. This part of the study is useful for the suggestions put forward to perfecting third person discontinuance system.The third aspect is about the factors of perfecting the third person discontinuance system of our country. These factors not only balance the efficacy of res judicata and to protect the rights of a third person, but also balance the characteristics of the third person revocation litigation as a common independent litigation, with the functions of relief, and balance court judges function scope and various interests and obligations of the parties.The fourth aspect is about the suggestions of perfecting the third person discontinuance system. It proceeds from four aspects:first, perfecting the constitutive requirements of third party's discontinuance system in terms of its essence; Secondly, increasing the set of the abuse of the third person discontinuance sanctions; Thridly, making the operation of the program specific to the third person discontinuance in order to use it appropriately. Finally, linking to applicable relationships between the third person discontinuance system and other related procedures.