Research On The Rights Relief System For Third Parties Outside The False Litigation Case

Along with the improvement of the rule of law in our country,the citizens,while strengthening the legal consciousness,have brought the problem of false litigation.The emergence and frequent occurrence of false litigation,not only detrimental to the interests of others in accordance with the law,disrupting the order of the proceedings,but also the authority and dignity of the law ignored,affecting the stability and development of society.In the current civil litigation,the phenomenon of the third party's legitimate rights and interests is damaged by the action of the actor.However,when the third people want to seek legal relief of their legitimate rights and interests,but can not find a more complete legal procedures for relief.The protection of the legitimate rights and interests of the third people from the infringement,and resolutely resist the emergence of such violations is the "civil procedure law," the embodiment of the principle of good faith,is the inevitable choice to achieve judicial justice.So,how to improve the protection of the legitimate rights and interests of the third party in the legislation becomes the key to the urgent need to deal with.In this paper,the author first analyzes our country the third party rights status and defects of relief system,then through the study of overseas countries and regions relevant legislation and regulations,learn from their experience,starting from the angle of procedure guarantee,the guarantee in advance and postprotection combined,the legislation on the false lawsuit the third human rights relief system should be perfected.This paper is divided into four parts.The first part is the case of false litigation and the rights of the third party damage.By drawing on the theory and analysis of the views of scholars,the author sums up the meaning of false litigation opinion,at the same time,through the collection and collation of some specific judicial data,some false litigation phenomenon observed in practice,the research on the present situation of our country in recent years of false litigation,and status from the four areas of infringement of property rights and creditor,spouse one of the legitimate rights and interests of intellectual property rights in the case of third types of out false litigation rights damage.The second part is about the current situation and defects of the remedy system of the right of the third party in our country.First of all,the author expounds the legislation of China at this stage of the false litigation damages by the third party rights relief system,mainly divided into pre protection system(court and inform the outsider to participate in the proceedings and relief system(third)lawsuit,execution objection litigation and outsider retrial)the two modes of system;secondly,analyze shortcomings of disadvantages of every kind of system and its application,which lays the foundation for the fourth part of the thesis,based on the existing remedies proposed on the preliminary conception of perfect.The third part compares the extraterritorial countries and regions with the provisions of the system of rights relief for the third party outside the false lawsuit.Common law is the main provisions in advance such as the third system to protect the legitimate rights and interests of victims of fraud litigation support;civil law countries (regions) is through the improvement of the security such as after the withdraw of the third person and the third person to apply for protection of victims of Fraud Litigation Retrial of the two kinds of legal rights.The author hopes that through the analysis of the relevant provisions of extraterritorial countries and regions,and on this basis to learn from,in order to better explore our country's institutional provisions in this regard.The fourth part is about the perfection of the remedy system of the right of the third party in our country.Through the analysis of the existing problems of China's existing legal system,to explore the relevant experience of overseas countries and regions,and finally summed up some suggestions to improve the third party's rights relief system.If the court told the "could be" to "should be",the pure case third people into third people involved in the scope,expand the withdraw of the third person of the subject and object scope,distinguish the implementation of objection decision mechanism and execution mechanism,expand the outsider retrial case type etc..