Research On The Suit Of The Third Party Discharging The Judgment

In the new civil procedure law,which came into force in 2013,the third party repeals system was added to provide relief to outsiders who have been harmed in the case of false litigation.Due to the hasty legislation,there is an argument in theory and practice about whether it is applicable,how to apply,and how to connect with other relief systems.This paper to promote the system applicable to system research method,empirical research method of the third person to revoke the v.carding theory and the judicial status quo,explore the system and the reason of the problems and finally put forward the corresponding suggestion,in order to promote the development of the third person revocation lawsuit system.Therearethree chaptersinthispaper.In the first chapter,the author introduces the origin of the third party revocation.Chapter two explores the problems faced by the system and explores the causes of the problems.First of all,from the perspective of macro and micro two combing present situation and existing problems of the system:the macro level,there is "certainly applies theory" and "negative apply theory of the theory of argument,cancellation of v.coordinate with other relief program of practical difficulties;On the micro level,the specific application conditions of the system are difficult to achieve the legislative purpose.Secondly through the analysis of the above issues to explore,think is the cause of the system problem counterproposal outside interests damage analysis is not comprehensive,res judicata system and the lack of procedure guarantee jointly contributed to the loss of an outsider interests;It is a long time to ignore the background of the legal system and the construction period of the existing judicial system,so that the legal position of the third party cancelling litigation system is vague.The third chapter put forward creatively to establish this system as the res judicata system transition and supplementary point of view,and as a starting point,through this system may be defined as a full-time cancellation rights protection program,coordination of the system and bring a separate suit retrial proceeding,relationship.Finally,the application of this system can be improved by enlarging the scope of qualified plaintiff and reducing the conditions of prosecution.It is hoped that the theory and practice of revocation of the third party can be used to enrich the theory and practice.