Study On Plaintiff Qualification Of Revocation Suit Of The Third Party

For the purpose of containment on fraud litigation and malic ious lawsuit, China's Civil Procedure Law provides the third party whose interest were damaged by the legally effective judgement ?ruling or conciliation statement a revocation suit system to protect their interests. However, with the increasingly complex current situation of jurisdiction and influence of the other relief system for the third party, there is still a great controversy whether the revocation suit of the third party can work well on the function of procedure guarantee.This thesis is separated into four sections excluding the introduction and peroration part. For the first section, with exp loring into the evo lution process of the third party's relief system around the underground of litigation, it comparatively analyze the differences and s imilarities between the revocation suit of the third party and retrial appeal, objection to execution and the other third party system. For the second part, from the perspective of procedure, it is also significant to explain the procedure details of the qualification of the proper plaintiff.For the third section, it emphatically states author's opinion on the subject who could start the revocation suit, such as the third person with independent claim and without independent claim as well as the other third person whose interest is influenced by the effective of judgement, such as fraud litigation. In the fourth section, specific types of the third party which could not start a revocation suit like relationship litigation and necessary colitigation are detailedly depicted.