The Third Party Revoked The Lawsuit

Recently,fraud litigation,which led to the fact that the legal right of the third party frequently infringed by the Judgment,has become common in China.The legal framework of Civil Procedure Law allows the third party to apply to civil retrial procedure and dissent action of the civil enforcement before the Civil Procedure Act being revised.Notwithstanding,the third party has no judicial remedy between the Judgment going into effect and enforcement procedure.Accordingly,China's mainland introduced the Third Party Opposition(TPO)on the basis of the regime of TPO in France and Chinese Taiwan District.The author analyses the related provisions and core issues of TPO in China's mainland based on relevant articles and books.Additionally,the author makes some suggestions on the improvement of TPO in China's mainland on the ground of a comparative study on France and Chinese Taiwan District.This thesis contains four parts:The first part is the summary of TPO.This part elaborates the concept of TPO and points out that it is action of formation,with outlining the nature of TPO characterized by particularity and substitutability,pluralism of diverse values and afterwards remedy.In the meanwhile,this part indicates that TPO is introduced in order to protect the civil rights of the third party based on the debates on the purposes of TPO.The second part demonstrates the provisions of relevant legislation and the core issues of TPO in China.This part analyses the framework of TPO in China in the light of relevant legislation and points out certain issues whilst TPO is applied to various cases,such as narrow scope of the plaintiff,broad scope of the object,ambiguous range of object of proof,high standard of proof,the conflict between TPO and similar systems and lack of punishment mechanism.The third part contains the comparative study on TPO.This part compares the different framework of TPO(such as function,the scope of plaintiff and object,the deadline,the legal consequences and remedies)in France and Chinese Taiwan District for the purpose of improve TPO in China's mainland.The fourth part contains the proposal and hypotheses for TPO.Within this part,the author some ideas which can be applied to improving TPO in China.From a macroscopic point of view,the author put forward the idea that the primary function of TPO is protecting the procedural rights of the third party rather than merely protecting the civil rights.From a microscopic view,the framework of TPO can be improved by the certain measures,namely,expanding the scope of the plaintiff,narrowing down the range of the object,pinpointing the object of proof and the standard of proof and establishing the supporting systems.