Research On The Third Party's Applying For Retrial System

With the development of market economy and the complication of social relations,the role of the expansion of res judicata has become increasingly apparent.Effective judgments between the parties to the litigation have become increasingly obvious to outsiders outside the parties;in addition to the proliferation of false lawsuits,the rights of outsiders are affected.Loss conditions are also getting worse.In order to provide relief to the lawful rights and interests of outsiders,a variety of procedures have been designed in China's Civil Procedure Law.The application of the retrial system by outsiders is one of the more important ones.The original intention of the system is to correct the effective referee's rights by granting the outsider the right to apply for retrial.Errors,safeguarding the lawful rights and interests of outsiders.Although the system provides a way for outsiders to seek rights relief,due to the system's own problems and the difficulties of convergence with other relief systems,it is difficult to apply in practice.Based on the significance of this system for China's civil litigation theoretical research and judicial practice,as well as the independent value of its existence,it is necessary to combine the legislative intent,conduct a systematic study of it,and further improve the system design to enable it to better play the system.The role is to safeguard the legitimate rights and interests of the offenders.In this paper,the outsider applies for the retrial system as the main research object,comprehensively using a variety of methods,divided into five parts of the system of the theoretical basis,legislative and practical status,existing problems and the path to improve a systematic analysis.First of all,this article systematically introduces the application of the retrial system to outsiders through the research on the origin and significance of the topic and the research status of related systems at home and abroad.Due to the aforementioned complicated reasons,the situation of the offenders being adversely affected by the expansion of res judicata is increasing.The system is a relief system created in response tothe needs of the society.However,the various problems have led to difficulties in its application in judicial practice.To achieve legislative goals.Based on the theoretical and practical significance of the system,this topic is further analyzed on the basis of existing domestic and foreign theoretical studies.Second,the creation of any system has its profound theoretical foundation.Next,the author discussed the related theoretical issues of the system.On the one hand,through the interpretation and generalization of some relevant concepts of the application for retrial by outsiders,the definition of the scope of outsiders is defined.On the other hand,through the comparison with related systems and the enumeration of theoretical basis,the application for retrial by outsiders is concluded.The unique institutional value,that is,the necessity of its existence.Once again,the system has been established for more than 20 years and several judicial interpretations have also been issued.Through reviewing the status of legislation and reviewing the status of practice,the paper next focuses on the analysis of the problems of the system,including macroscopic issues(unclear system positioning,unreasonable structure,disorganized content,etc.),and microscopic aspects(the scope of application is narrow and the trial is limited).Inconsistent objects,ambiguous application reasons,etc.)and poor convergence with other offenders,and further analysis of the causes of the above problems.In addition,the study of comparative law is of great significance to further improving the design of this system in China.By horizontally comparing the relevant systems outside the domain,especially the relevant legislation of civil law countries,including the withdrawal of lawsuits by third parties in China's Taiwan region and France,the retrial of third parties in Italy and Japan,and the third party's appeal system in Macau,China This is an important inspiration for the author's plan to reconstruct our country's outsider's application for a retrial system.Finally,through the above comparison of horizontal systems and the review ofvertical legal documents,the author proposes suggestions for improving the defects of non-offenders applying for retrials from macro,micro and institutional convergence.The author believes that the application of the retrial system by outsiders has its own independent value.On the basis of understanding the spirit of legislation,we should constantly improve the design of the system to position the system correctly and adjust its position in the civil procedure law.Microscopically define the scope of the offender and the object of trial,and provide legal basis for the basis;and the institutional system is stipulated in the Civil Procedure Law,giving it proper institutional status,so as to better avoid conflicts with other systems and establish Successful offenders who are effective and smooth in their operations apply for a retrial system to better remedy the lawful rights and interests of outsiders.Therefore,starting from the three aspects of the system's macro structure and micro-design and its connection with other relief procedures,the proposal for legislative proposals is the innovation of this article.The effective operation of the system not only depends on whether it is well-designed,but also whether it can smoothly connect with other systems in the entire civil litigation law.This is due to the internal harmony of civil laws.