On Rights And Interests Compensation To Imp Aired Third Party Caused By Legal Settlement

The damage to the interests of the third party cause by Lawsuit Mediation has different expressions, and different expressions also have different characteristics.According to the current "Civil Procedure Law" of China and other relevant laws and regulations, the remedy about the damage to the interests of the third party cause by Lawsuit Mediation appear to diversification. But in summary, it have three categories,The first is Retrial Procedure, The third party cause by Lawsuit Mediation can be applicable the court in accordance with the powers and authorities of retrial procedure,also can applicable third party programs for retrial. But the court in accordance with the powers and authorities of retrial procedure can't be a conventional remedy,because its start-up standard and aging exists a lot of discretion of the judge. And the third Party Programs for retrial also need to improve due to the limits about effective positioning and suitable conditions. The second is Execution relief. It specific include third party dissent procedure and procurator supervision of execution. Third party dissent procedure can stop the compulsory execution about conciliation statement timely, but it does not have subsequent cohesive devices. While the procurator supervision of execution is a principle provisions, it's scope of supervision, subject of supervision, supervisory procedures and supervision effectiveness are not specific,and that lack of the supervision mechanism throughout the entire stage. The third is other remedies. It specific include Go back before the service, The third person to cancel proceeding and The third person shall be separately charged. The Go back before the service can relief for the rights and interests of a third person effective, but the third people difficult to have the applicable premise. The third person to cancel proceeding is a brand new legal system, it's eligibility of the plaintiff, under the jurisdiction of the court, case review, litigation costs and so on, all need to consummate. Although the third person shall be separately charged can be used, but it may having conflicts of effective conciliation statement. All sorts of relief way about regulation of the current legislation do have the existence of necessary, but they all need to the improvement of the corresponding, and we should make detailed regulations about the coordination between them.