On The Suit Of Revocation Action For The Third Party

Civil litigation as a private lawsuit,attention is paid to the maintenance of litigant's legitimate rights and interests,but with the development of social economy,gradually increasing the number of lawsuits and litigation practice of abuse of procedural rights,the integrity of the false litigation phenomenon does not occur frequently,the legal relationship is not only around among the participating parties to the litigation,so it will cause the court the referee for the third party's substantive rights in the cognizance of facts or judgment,causing third damage to the interests of the people.The relief of third people there in 2012 before the amendment of the civil procedural law in three ways:third people to participate in litigation system,the outsider of the lawsuit of enforcement and outsider retrial system,the three system in the program to a certain extent to protect the rights and interests of the third,but the three system of the cross and the blank,therefore caused third people face the dilemma in the program seek relief,can not fully protect the legitimate rights of the third person.Therefore,the civil procedure law amended in 2012 for the first time set up the withdraw of the third person,in February 4,2015 the formal implementation of the "interpretation" of the Supreme People's Court on the application of the "PRC Civil Procedure Law" for the withdraw of the third person prosecution conditions,and the procedure of V.physical examination procedure,the trial organization the cause of action,and to remove the object,the scope,the withdraw of the third person when play its function and role.But after all,in China the withdraw of the third person set up for a short time,there are still some of the regulations are not perfect,so the theory to withdraw third v.system briefly,examine its status in the judicial practice,the analysis of its shortcomings,and its relationship with the other three third kinds of relief system,puts forward some suggestions to improve.I hope this system can connect other systems and Macao better matching,to better play its role.