The Research About Applicable Problem Of Third People Revocation Lawsuit

<Civil Procedure Law> Article 56 Section 3 established third people revocation lawsuit system : The third people out the lawsuit did not participate in the proceedings, For special reasons which can not be attributed to themselves. But there is evidence proves that the effective judgment or conciliation statement part or all of the contents is wrong,and causes other people loss. Damage to the civil rights and interests. The people's court have to make the decision to revoke the judgment or conciliation statement. The people's court shall change the original judgment, or conciliation statement; if the third people's assertion can not be accepted, The court should reject it. Those original judgment or conciliation statement is still effective. In February 4 2015, the new judicial interpretation for law of civil procedure was published, the fourteenth part of it rules the procedure for the revocation lawsuit, and make the law more effective and reasonable. Three years since the revocation system establishment, the number of those cases increase extremely fast. In academic world, the research of it is the favorite of law school professors. Through judges and scientists unremitting efforts, the third person revocation lawsuit system runs well, but there are still some shortcomings need to improve. Most of the research on it was limited to the problem of the coordination problem with retrial system and coordination with opposition to enforcement system. My research focus on the structure of collegiate bench, the ascription of investigate power, the standard of investigation and principle of honesty and credibility in revocation cases.The coordination of punishment system and oversight powers belongs to director of public prosecution, the conflict with high courts,etc.otherwise, which party of the lawsuit to pay the expense in litigation and expense standard out of date now. I study these problems and give solutions. We expect the new judicial interpretation will publish earlier.