Study On The Relativity Mechanism Of The Third Party Relief Mechanism In China

By 2007 and 2012 People's Republic of China "Civil Procedure Law"(hereinafter referred to as the "Civil Procedure Law")and the 2015 amendments to the Civil Procedure Law of People's Republic of China "judicial interpretation"(hereinafter referred to as the "Civil Procedure Law of the judicial interpretation of the perfection of our country"),in the protection of the third person outside the case of rights has already established a diversified system.There are objections to the implementation of the system and the system of the lawsuit of enforcement in the implementation,there are third lawsuit system and the trial supervision procedure in the implementation of the system.In the case of false curb malicious litigation to protect the interests of the third party not only plays an important role,at the same time It also provides the diversity of the system,reflecting the protection of the interests of the third party in the legislation of the advanced nature.Although our country's civil procedure laws in the protection of the rights and interests of the third party provides the diversity system,but because of the difference in the legislative purpose of the system,the third party's interests in case the protection program settings although there are similarities,but there are also significant differences.It is because of these systems there will be third people when the similarities and differences in the protection of the rights and interests of the case is how to coordinate the relationship between the problems.Because our legislation in the establishment of the above system was not completely on the relationship between the system of rationality,coordinate system,the relief mechanism is not reasonable to be the protection of the third party rights and interests The system,resulting in judicial practice,the conflict between the system and competing,and even some other system is system overhead in practice,and did not play its biggest role in relief,not reasonable third person outside the case but also waste a lot of judicial resources.Therefore,how to coordinate the relationship between the relief mechanism between became the key to establish a reasonable relief system.Based on the analysis of the present situation of the third party relief mechanism,this paper clarifies the legislative purpose of the relief mechanism and the shortcomings of its own existence,and then analyzes the current situation of judicial practice in China.Dislocation of the problem.The reason for the existence of relief and relief is the reason why the third party relief mechanism is not a reasonable system,not to clarify the functions of the mechanism and legislative purposes and legal provisions are not clear.In view of the problems existing in the third party's remedy mechanism,the author analyzes,coordinates and balances the relationship between the relief mechanism and the implementation of the objection in the implementation of the relief in accordance with the principle of coordinating the third party's relief mechanism.The execution of the objection resolves the dispute between the entity and the entity and the procedure at the same time,and the cancellation of the objection is dismissed as a prerequisite for the execution of the objection to reduce the coexistence and chaos of the third party relief mechanism.In the coordination of the implementation of the relationship with the implementation of external relief mechanism,the implementation of the relief mechanism takes precedence over the implementation of the external relief mechanism,in the implementation of the relationship outside the coordination of relief mechanism that the author should return to the trial supervision process legislative purposes,The parties,so that the implementation of the case outside the third party to cancel the action of the single line mode.