Study On The Application Of The Third Person's Revocation

The provisions of our country's laws and related judicial interp retations on the revocation of third-party lawsuits are not detailed enough,resulting in a series of problems in the application process.By examining the specific cases of the third party's revocation,finding it existences the criterion of the eligible plaintiff in the process of application are not uniform and the scope of the eligible plaintiff is different;the examination and application of the constituent elements are confusing;the application of trial procedure and the trial organization too much emphasis on the protection of the rights of third parties outside the case;the coexistence of the third-party revocation and the re-examination of the outsiders led to the confusion of application,the waste of judicial resources and the difficulty on protection of the rights of third parties outside the case.In view of the above problems,firstly,the judgment path of the eligible plaintiff can be converted from the influence of the judgment on the third party outside the case,combined with the theory of interest representation to judge the eligible plaintiff;secondly,follow the three-stage structure of the litigation process,clearly the constituent elements that should be reviewed at each stage so that the specific application of the constituent elements of the third party's revocation shall be subject to certain regularity;and through the theoretical discussion an d practice accumulation,a regulatory system that abuses the third party's revocation proceedings shall be established to balance the the interests of the three parties and the original parties,and clearly the fact that the trial personnel in the original case did not need to evade in the case of the third party's revocation,in order to improve the efficiency of the litigation;finally,clarify an applicable rule that the third party outside the case is only choose revoking or re-examination the case,and establish the independent status of the execution of the objection to eliminate the problems arising from the coexistence of the third party's revocation and the system of case retrial.