Research On The Relationship Between The Suits Of The Third Party Revocation And The Third Party Applying For Retrial

Of complicated disputes make litigation continuously break through the traditional "both sides opposite mode" and involved as accomplices outside, combined with the deliberate use of court and violate the interests of an outsider phenomenon more and more common, way to institutionalize counterproposal outsiders it is necessary to provide protection. O n August 31, 2012, the standing committee of the National People's Congress to modification of the civil procedure law, again according to outside the third people respond, right relief question in to join the third paragraph of article 56 of the civil procedure law, provisions of the third person to cancel lawsuit system.So far, our country civil procedure law to safeguard their own lawful rights and interests for the case outside the third person set up execution objection, the execution objection proceed ing, cancellation of v. and apply for retrial four relief way. However, the third person to dismiss the suit not only failed to quell controversy, but cause new problems. Because of the lack of system demonstration and normative analysis, the new system and existing system of cohesion problem unsolved in the legislation. Due to the four way exists in the scope of the fuzzy and contradictions, and triggered the rights and interests protection way or path selection dilemma. With the third party to cancel the suit with an outsider to apply for retrial proceeding relations is most prominent. Displays in:(1) the purpose is to solve the case outside the third party rights relief, coexistence of design is appropriate? From both the legislative background and purpose of clear that whether the third person to cancel the suit or an outsider to apply for retrial is in response to the protection of the rights and interests of an outsider problem; Operation mechanism of both types is through the challenges in order to ac hieve the purpose of protecting the third person being sentenced to force.(2) now that you have, how should coordinate the relationship between both in practice? In enforcement cases, a third person to undo the suit and perform an outsider how to handle the application for retrial relationship? In enforcement cases, before execution, execution, execution after the revocation of proceeding with the execution of an outsider to apply for an outsider to apply for a retrial and execution retrial relations have handled? These should be the key research problems in the system construction. In order to avoid a selection dilemma, realize the efficient use of system resources, the third person to revoke suit with an outsider to apply for retrial proceeding in applicable to optimize configuration is necessary.