Research On The Suit Of The Withdrawal By The Third Person

Civil litigation is a procedure for resolving disputes over rights and obligations between civil subjects.As a result,the verdict,ruling and conciliation statements only inhibited the litigant parties in principle,and the third party other than the parties shall not be bound.However,in China's judicial practice,based on the influence of the traditional concept of power and to ensure the effectiveness of disputes resolution,the referee's binding force expanding to outsiders is gradually becoming a trend.At the same time,in recent years,with the spread of false litigation,the proliferation of false mediation,outsiders' rights affected by the effective judgment becomes increasingly serious.Therefore,as the civil procedure law modified in 2012,lawmakers designed the suit of the withdrawal by the third person in article 56 for outsiders,giving their rights against wrong judgments or ruling,conciliation statement,restoring in their rights and interests of a complete state.Later,in 2015 "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China"(hereinafter referred to as "the judicial interpretation of the civil procedure law"),standardized the entities,procedures elements of the suit of the withdrawal by the third person.Nevertheless,there are still many problems in the theoretical level and judicial practice,affecting the value to achieve.This paper intends to comb the legislative evolution,summarize the current situation of its operation,and to explore the various theoretical conflicts and practical drawbacks in the application process,so as to provide some suggestions for the improvement of the suit of the withdrawal by the third person.The first chapter mainly combs its legislation background,legislative process and summarizes the practice situation.There is no doubt false litigation,false mediation is the cause of fuse of the suit of the withdrawal by the third person,but the poor operation of current legislation in the protection of the rights and interests of outsiders is also an important reason for the introduction of the system.After a clause in 2012,and then to the twelfth in 2015,the system has been gradually on track in practice,But there are a lot of confusion and controversy about how to deal with this type of case.In addition,the suit of the withdrawal by the third person carry the policy purposes to curb false litigation from the beginning.Since the pre-trial constituting a false action is not a statutory requirement of this suit,the court is not active in the determination of such claims.But through the analysis of existing data,the system in the subtle influence on the regulation of false litigation still plays a role.The second chapter mainly enumerates and analyzes the various practical malpractices and theoretical conflicts in the process of application of the suit of the withdrawal by the third person.The application of the suit of the withdrawal by the third person is bound to break through the original referee of res judicata,and relativity principle of res judicata is weakening thus providing with legitimacy basis,so how to coordinate and balance the relationship between them is also worthy of attention to the theoretical problems.Now,one of the biggest challenges facing in practice from the part of the court's rejection,and exclusive jurisdiction contributes a lot.The scope of the qualified plaintiff largely determines the applicable value of the system.But for now,the plaintiff's qualified legislative system is flawed,confusing the third party to participate in the litigation and the suit of the withdrawal by the third person;the theoretical circles have a different view of the scope of the plaintiff with the qualifications of the third party;in practice,the people's courts have different standards for the examination of qualified plaintiffs.In addition,there is cohesion between the suit of the withdrawal by the third person and the existing outsiders' relief system,leading to repeated relief chaos.Furthermore,a series of supporting mechanisms of the system have not yet sound,to a certain extent,affecting the action of the system.The third chapter is divided into two parts.The first part explains the institutional positioning of the suit of the withdrawal by the third person in our country,and also responded to how to resolve its contradiction between it and the principle of res judicata.The second part is the author's suggestions on how to improve the system design,including resetting the jurisdiction the reasonable expansion of the scope of the plaintiff,the adjustment and reconstruction of the outsiders' relief system and the improvement of the related supporting system.