An Empirical Analysis And Legislative Improvement Of The Third Party’s Cancellation Suit

With the diversification and complication of social relations,the civil activities disputes are also increasing.Civil litigation is a way of law in civil activities,the parties to resolve disputes,litigation results legally binding upon both parties,but the outcome of the case may involve the interests of the third person.Because of the lack of social honesty,the actions of the third parties,such as the malicious action of the case,the false lawsuit and so on,have occurred frequently.In order to protect the legal rights and interests of the third party who did not participate in the proceedings,the special relief procedure of the third party’s cancellation proceedings came into being.China will withdraw of the third person originally entered the law,was in 2012 under the new"Civil Procedure Law" article fifty-sixth paragraph third,can not due to the reasons I did not participate in the proceedings of the third people,there is evidence that the entry into force of the referee instruments damage the substantive right to revoke lawsuit filed the trial court.As a new way of relieving the right,in the fourteenth chapter of the interpretation of the Supreme People’s Court on the application of the civil procedure law in 2015,the provisions of the third party’s cancellation proceedings have been elaborated in detail.In the twelve chapter.The establishment of the third party’s protest is aimed at containing the action of unfair action and protecting the post relief procedure of the third party’s interests.But because of the legislative experience in the judicial practice,many of the problems encountered,the limitations of the main application,the scope of application of the procedure is too wide,lack of information system problems,leading to the court of the withdraw of the third person practice is not unified.At the same time,due to the lack of malicious lawsuit behavior ahead of disciplinary system,that case third withdrawn flood threat to the credibility of the judiciary a waste of judicial resources,but also damage the interests of the parties in a certain extent.The applicable problems brought about by it have seriously violated the original intention of the establishment of the third party’s cancellation suit.In view of this,the author has initiated the legislative reflection on the cancellation of the third party’s action.This article will analyze and study the system of the third party cancellation in the form of cases.Problems in the application of cases leads to the withdraw of the third person to Wang case is summarized as follows:third lawsuit subject scope is narrow,the withdraw of the third person object range is too wide,the lack of supporting information,punishment system,and legislative arrangements are not reasonable etc..Secondly,we should analyze these problems in order to find perfect suggestions.Finally,according to the situation of China,based on the current legislation,reference foreign advanced legislative experience,puts forward some suggestions:expand the scope of the cognizance of the plaintiff qualification,including all due to effective judgment resulting in damage to the interests of the outsider;adjustment of the withdraw of the third person object,exclude the ruling application,apply strict mediation the increase of the arbitral award;the establishment of litigation information system,establish abuse punishment system;at the same time,re set to withdraw of the third person style arrangement,increase the special relief procedure,the withdraw of the third person included.