Comment The Revoke Litigation Of The Third People

With the increasing diversity of social disputes,the relationship between rights and obligations has become more and more complex.Moreover,due to the passive exertion of judicial power and limited use of judicial resources,it is difficult for judicial procedure to cover all interested parties,then there is the matter of outside third people participated in the proceedings in failed can not obtain the program of protection,but bear the adverse effect of the expansion effect of the referee.This is obviously contrary to the purpose of judicial justice,not conducive to the construction of the rule of law society.Facing the current situation of judicial practice,China's "Civil Procedure Law" in the amendment in August 2012,added a content of the system of litigation about the revocation of the third person,the design of the system for the protection of the legitimate rights and interests of the case outside the third,Play an important role of afterwards remedy function.This article mainly from the provisions of the law,read the relevant references and extraterritorial provisions,to study the rationality of the system settings,problems and solutions.Look forward to the system of third person's rescind lawsuit gradually trend to improve,for the realization of social fairness and justice to contribute a force.This paper mainly includes the following contents: an overview of the system of the third party's rescind lawsuit.Clarify the meaning,nature and characteristics of the third party's action,and focus on the convergence of the system with the relevant system,as the basis for the application of special law.The legislative situation and problems of the system of the withdrawal of the third party in our country.Specific analysis of China's law on the third party of the provisions of the repeal of the provisions and if the provisions of the content is appropriate and reasonable,so as to propose targeted,feasible and reasonable measures to improve.The relevant provisions of the extraterritorial withdrawal of the third party and its enlightenment to China.A comparative analysis of the withdraw of the third person,between the provisions of France and our country Taiwan area and Macao area,according to the successful place,improve ourselves.The concrete suggestions of perfecting the system of the third party's action of rescission.Using the method of value analysis and summary,this paper focuses on the suggestions and measures for the improvement of the system of the withdrawal of the third party in China.It mainly includes the adjustment of the position of the action of the third party in the civil procedure law and the definition of the proper plaintiff in the suit of the third party;From the lowing aspects about the time of litigation,the jurisdiction of the court,the duration of hearings of the case,the effectiveness of the judgment,thinning the action routine of the third people to cancel the proceedings;Adding supplementary measures including lawsuit inform and inflict punishment on the abusing of litigious right.