Reflection And Reconstruction Of Revocation Lawsuit System By The Third Party In China

The revocation lawsuit system by the third party originated in France.The purpose of the lawsuit is to provide relief for third person when the law court's legally effective judgment,verdict and mediation document after trial of cases harm the third person's interests.In response to the fraud litigation,the Civil Procedure Law adds this lawsuit during its revision in 2012.The judicial interpretation of Civil Procedure Law promulgated by Supreme People's Court in 2015 make detailed provisions on the specific application of the procedure.However,the controversy about the revocation lawsuit system by the third party is still debated endlessly.This thesis will discuss the revocation lawsuit system by the third party from the perspective that whether the means match to the legislative purposeThe thesis consists of the main body and conclusion.The main body is composed of five parts:The first part is to put forward questions.This part focuses on the awareness of existing problems.This part analyzes the theoretical research background and situation of revocation lawsuit system by the third party and put forward the questions that discussing the lawsuit system from the divorce of legislation and practice.The second part is the legislative intent of the revocation lawsuit system by the third party.This part start with discussing the legislative background of the lawsuit,then put forward that the purpose of the legislation is to restrain the fraud litigation in the judicial practice.Secondly,from the perspective of legislative purpose,this part analyzes the root causes and mode fraud lawsuit in China;Finally,demonstrates the shortcomings and deficiency of the lawsuit for the regulation of fraud litigation.It is not an effective way to curb the fraud lawsuit by the revocation lawsuit system.The third part is the about the comparative law of the revocation lawsuit system by the third party.This part mainly analysis the system context and the theoretical basis of the revocation lawsuit system by the third party in France and Taiwan.The origin of the system lies in providing relief for the third party which influenced by the expansion of the res judicata.The fourth part is the reflection of legislative technique of the revocation lawsuit system by the third party.Firstly,this part analyzes the defects in legal transplantation and legislative style of the revocation lawsuit system by the third party.Furthermore,the thesis discussed the dilemma in interpretation due to the system and the difficulties in judicial practice caused by overlapping functions.The fifth part is about the reconstruction of the revocation lawsuit system by the third party.This part proposed reconstruction proposals,based on the reflection of the problems mentioned above Firstly,reconstruction of orientation of the revocation lawsuit system by the third party must locate the system correctly,highlighting that the system functions as providing relief for the third party which influenced by the expansion of the res judicata.The nature of the system should be set in the special relief procedure of the special litigation procedure.Based on the above positioning,I put forward some suggestions on the improvement of specific legislative measures.