A Study On The Qualified Plaintiff Of Third Party Opposition Procedure

The third party opposition procedure has been made in Article 56 of China's Civil Procedure Law in 2012.However,some law scholars think that,there are conflicts between the third party opposition procedure and basic theory of Civil Procedure Law.And there is a gap between theory and judicial practice.So it can not contain false litigation and protect lawful right of third party.However,this paper is no longer based on the third party opposition procedure with the gap and cohesion between the theory and practice,but from the perspective of expost relief and explanation,according to the existing legal norms to analyze the feasibility of the third party opposition procedure.This paper attempts to take the the qualified plaintiffs of the procedure as the main line,with the research methods of system analysis and functional orientation,combine with judicial examples for the classified further analysis.And also attempts to analyze the necessity of the restriction of the procedure from the point of view of the interests and conditions of prosecution.