Research Of The Third Party Revocation Lawsuit System

The third party withdraws from the civil law system,the third party because of the court after the trial made by the verdict,ruling and mediation and damage to the rights and interests,you can request the revocation of the ruling ruling a litigation system.The system is mainly to protect the legal rights and interests of third parties legitimate rights and interests,to curb litigation fraud behavior.With the surge in the demand of the system of civil procedural law in our country,the third party has been established.However,due to the relative lack of legislative technology,the legal transplant is blunt,and there is only one legal provision in the existing laws to define it.Due to the lack of detailed operational details of the provisions,resulting in judicial practice in the courts around the procedure is not uniform.In addition,the third party withdrawn from the prosecution and other third party relief system in the specific application there is also a hybrid phenomenon,which urgent need to improve legislation.Therefore,in the context of the Interpretation of the Supreme Court on the Application of the Civil Procedure Law of the People's Republic of China in 2015,the details of the implementation of the system of revocation of the third party are further clarified,and the relationship between the system and other third parties' remedy system Also made adjustments to clarify the system applicable to the scope of the main object,to solve the problem of judicial application of clutter.However,after the introduction of the third party to the prosecution is based on the necessity and feasibility of transplanting the different principles of debate and simple system design,both from the practice or theory are highly controversial.Although the interpretation of the Supreme Court has done a detailed and detailed provision,but in the actual operation there are still many problems to be addressed.Based on the analysis of the causes of the above problems,this paper chooses the path between theory and practice to demonstrate the nature of the third party 's revocation and the realistic basis of existence.Through the analysis of daily cases,this paper explores the shortcomings of the current system.In addition,this article will uphold the method of system construction,the third person to withdraw the prosecution on the third person rights relief system,from the perspective of the great links of the system and this series of third party rights relief system,So that the third party of our country torevoke the system can play a better function.Based on the logical structure of the above research path,this paper is divided into five modules,the specific contents are as follows:The first chapter as the logical basis of the study of the problem,focusing on the integration of existing doctrine and its academic support,to explore the scholars of the path of choice and the reasons for the study,so as to locate their own argument entry point,is the introduction of this article.In the second chapter,based on the necessity of supporting the theory of proof,through the exploration of the existing research results both inside and outside the domain,the connotation of the "third person" and the third party's revocation is deeply explained.In addition,the nature of the system is clearly defined,and the legal environment and legal effect of the system of revocation of the third party in China are described.The third chapter mainly uses the method of system theory,emphasizes the comprehensive integration of the core elements and structure of the third party's rights and interests relief system,accurately distinguishes the functions of the third party relief system,and constructs the third person to meet the judicial operation demand The system of prosecution.The fourth chapter focuses on the necessity of combining theory with practice,summarizes the distribution and causes of typical problems through the statistical analysis of the cases after the implementation of the action against the third party,and then loosens the theoretical loopholes.The fifth chapter mainly combines the case statistics of the fourth part,analyzes the concrete theory of the cause of the problem in judicial practice,and puts forward constructive suggestions to solve the problem of system application.It is hoped that the corresponding countermeasures will be formulated through the combination of law and sociology and the method of comprehensive analysis and summarization,so as to perfect the specific operation of the third party to cancel the system.