Study Of Placing A Case On File For Examining The Action Of Revocation Of The Third Party

In order to protect the legitimate rights and interests of the third party in civil litigation,the system of action of revocation of the third party has been firstly put forward in the Civil Procedure Law modified in 2012.This system has been specified further in the judicial interpretation of the Civil Procedure Law of the People's Supreme Court in 2015.However,the system of action of revocation of the third party breaks through the shackles of res judicata of a judgment that has come into force,which has certain effects on the stability of proceedings and the final decision of judiciary.Hence,the proceedings of the action of renovation of the third party should be cautiously started and substantially examined so as to balance the protection of the third party's rights and interests and the maintenance of res judicata.Substantial examination does not mean the examination of entity.The two kinds of examination are quite different from each other.In examining the filing of the case,examination should not replace the substantive trial and the substantive rights and obligations in dispute should not be adjudicated in the stage of examining the filling of case.Otherwise,the third party's right of action would be deprived of.Too substantive examination would affect the specific trial.If it is too lax,the substantive examination would not be useful in practice.In China,the improvement of placing a case on file for examining the action of provocation of the third party lies in the substantive examination in which the contents of examination and the standards of examination are the key points.By unifying the contents and the standards of examination,the system can protect the legitimate rights and interests of the third party who is not involved in the case and maintain the res judicata of the judgment that comes into force so as to make the system of the action of revocation of the third person more practical and stable.