Understanding And Applications Of The Revocation By A Third Party

In 2012, certain changes were made in the The Civil Procedure Law, the revocation by a third party system was one of the new additions to this law. The establishment of this system in other countries and regions only aims to solve the problem of the expanding effects of the judgment. Due to national circumstances, the revocation by a third party system also suppresses the violation towards the third party's rights and benefits that are caused by false accusations, which also improves the previous third party's protective system. On February 5th,2015, The judicial interpretation of the The Civil Procedure Law expounds certain parts of t the revocation by a third party system in detail, but some questions still remains in the academ ic field as well as in its practical procedures.This article contains three parts. Chapter one induces the value of the revocation by a third party system by discussing actual cases from the past. This chapter focuses on explaining each case's scenario, trail judgment, and relevant case information with the considerations of the jud icial background and the effects within the legal domain.Chapter two incorporates the cases discussed from chapter one and summarizes the agendas for the lit igant and the position of importance for the revocation by a third party system within The Civ il Procedure Law. This chapter also illustrates detailed analys is on the constructive conditions for the new third party revocation system; which including essential condit ions, subjective conditions, the lim it of trail time, the trial court and etc.Chapter three analy zes the predicaments of the system and purposes practical recommendations for improvement on the current system. The new system was primarily established to repel against hustle law suit; but due to urgent circumstances, the establishing process was conducted hastily which caused the relevant theory and proper standard procedures were not thoroughly researched and studied. Thus prohibits the new system to be applied effectively. The jud icial interpretation of the The Civ il Procedure Law provided a more specific guideline to the revocation by a third part system, but confusion still remains in the imp lementat ion of the new system. Therefore this article puts forward some perfect suggestions combining theory and practice.