Research On The Competition And Reconciliation Of Rights Protection System For 'Third-party Outside The Case'

By understanding the origin and deep-going process of Relief Mechanism Concurrence of Third-party Outside the Case,it is believed that China has established a diversified mechanism in terms of third-party protection.Relevant system including:Outside Case Third-party Objection Implementation System,Objection Implementation Revocation system,Third-party Prosecution Revocation System and Trial Supervision system.The reason behind the establishment of such mechanism is to not only solve the existing problems such as malicious litigation,false litigation,but to better safeguard the legitimate rights and interests of the Third-party outside the case.By empowering the Third-party outside the case to choose their own relief system,the relief mechanism well reflects the advanced nature of China's judicial consideration for its people.Despite the advantage of diversity,the relief mechanism was found to be difficult to reach expectation in terms of implementation.The probable reason is the coordination and reconciliation of the four sub-systems,which is also what should be taken into consideration in all of the law establishment The roots of the problem lie in two parts,firstly,as the starting point of the four systems in legislation is different and the judicial practice has yet reached a fair agreement,the mechanism actually increase the difficulty of making choice,causing the consequence of deadlock even relief failure.Secondly,the scope of the four systems has overlap hence cause competition.Even individual system will have issue of overhead.Failure in coordination and reconciliation between the four usually result in judicial resources waste,high judicial capital and high judicial expense.This paper is divided into three chapters,excluding the introduction and conclusion.The first chapter defined and explained the existing legislation and systems related to Relief Mechanism Concurrence of Third-party Outside the Case by analyzing the concept,characteristics,legislative purpose and background of each system.The second chapter discussed the major hinder of Relief Mechanism Concurrence of Third-party Outside the Case the implementation:competition.The competition originated from the failure to get coordination and reconciliation of the four sub-systems,the unclear purpose and function of the four sub-systems,and imperfect relevant legislation system as a whole.In the third chapter,the author followed the basic principle to coordinate the Relief Mechanism Concurrence of Third-party Outside the Case and concluded that the Objection Implementation System in the relief mechanism can only solve procedural problem in real case,but to fully play its effectiveness,it need to resolve the conflict between entity and procedure as well as question the precondition of itself.In the relationship between system that must be initiated on the basis of enforcement procedures and those do not need,the former should be prioritized.Additionally,the Trial Supervision System in the latter should diminish its role,returning to the original function,mitigating interference with the relief of Third-party outside the case hence fully highlighting the importance of the Third-party Prosecution Revocation System.