Studies On The Procedural Guarantee Mechanism Of The Third Person Without The Law Suit

In 2012,the new civil procedure law amendment has established the canceling lawsuit system for third person in the third paragraph of article 56.The canceling lawsuit system for third person is not content from the beginning. It did not be mentioned in amendment version one as ill as version two, which was written into three review until August 27, 2012, and then was voted on August 31 in the same year.Although the direct purpose to set up the canceling lawsuit system for third person is to prevent litigation of the third person malicious litigation or false action of the infringement, but in practice, the effect of outside the case of a third person to cancel did not complete the important mission given by the legislation.At the same time, controversy about the system is always been there, the academic mainstream theories lay a foundation of theory angle and the vision of comparative law, and draw a conclusion that there is no need to set up a single system, all i need is to expand the scope of retrial subject measures to make up for the case of a third person outside whose rights and interests are harmed. While supporters focus more on the interpretation of applicable provisions, in consideration of judicial policy effects take the method of legal interpretation system. After a series of queries about the case of published in recent years, i realized that there are barely few papers discuss the counterproposal starting from the basic theory of effect of impact on the outside of the third person to cancel system, especially a deep analysisfor effect and related theory of issue preclusion.At the same time, the lack of attention to practice in theoretical research of fragmentation lead the outside of the third person to cancel system in practice running obstacle has not been solved. So it is necessary to dig the litigant theory exploring and revocation system design and diligence.This article text is divided into three chapters except for the introduction and conclusion.In the first part, I will mainly describe the related theoretical issuesof case of the canceling lawsuit system for third person, which is including lawsuits to participate in the theory and effect of theory. I will clarify their respective connotation and difference, and the effect of counterproposal outside of the third person to cancel system relationship and revocation litigation counterproposal at third party of the effect. In the second part, i would like to introduce the case analysis. In order to make the theory more vivid, i use the empirical method for research. Last but not least, in order to reflect on practice and the lack of response theory with practice, I will put forward about the case outside the third revocation lawsuit system of some Suggestions. Counterproposal outside the third person to withdraw this paper claims the lawsuit system of restraining the applicable point of view, from the effect of perspective, based on the procedure law legislation system review the litigation procedure of outside third party guarantee mechanism in our country, based on the effect of the system in this paper, the clear different third person should be influenced by what decision effectiveness, in the third person to recognize different types of further defined on the basis of the case outside the scope of the third revocation litigation of the plaintiff, at the same time to establish and improve the system of litigation to inform and authority notice proceedings will conform to the conditions of the third person in advance, in the end, based on the theory of systematic research of systemic and institutional design, but also improve the communication with other system of the third person mechanism, thus achieve the goal of system effectiveness and fairness of the applicable.