Study On The Procedural Guarantee Of The Third Party In Identity Relation Litigation

Personnel contentious procedure is about the person's identity relationship litigation,its identity relationship as the subject matter of litigation,has a certain particularity.In order to maintain a high degree of unity of identity relations and achieve the harmony and stability of social order,many countries and regions have endowed the judgment of identity relations litigation with the effect on the world,which makes the judgment of identity relations litigation may affect the personal or property interests of a third party outside the case,and there is the necessity of procedural guarantee.It can be seen from the analysis of the current situation in China that there is a lack of relevant legislative safeguard procedures for the third party outside the case that may be affected by the identity relationship litigation.In judicial practice,only when the property issue is involved will the participation of the third party with interests be considered.With the advancement of family trial reform,it has become an urgent problem to be solved in legislation and judicial practice.In this regard,some countries and regions with civil law systems,such as Germany and Japan,have relatively perfect family litigation,and have relatively perfect system provisions and theoretical research on the procedural guarantee of the third party of identity relation litigation,which can be used for reference and analysis.Therefore,this paper mainly USES the method of comparative study to analyze and investigate the relevant legislative provisions on the third party procedural safeguard in the identity relationship litigation in Germany,Japan and Taiwan,as well as the specific procedural design on the third party procedural safeguard.On the basis of China's national conditions and the concept of procedural justice as the starting point,China can reasonably draw lessons from successful experience outside the region and build a third party procedural guarantee system for identity relationship litigation in line with China's national conditions.In addition to the introduction,the text is divided into four parts,a total of more than 30,000 words.The first part is the problems put forward,mainly through the introduction of the legislation and judicial practice of China's current situation,pointed out that the third person in the lack of identity relationship lawsuit procedure guarantee,and through the relevant statistical data analysis and case,journal papers,our country the present situation of the identity of the relationship between litigation damages upon the lawful rights and interests of a third person,the third person of procedure guarantee has become a problem to be solved.On this basis,the following discussion on the theoretical basis of third party procedure guarantee is introduced.The second part is the theoretical analysis of the third party procedural safeguard in identity relation litigation.Compared with ordinary litigation,identity relationship litigation has its particularity in the object and principle of litigation,and the subjective scope of res judicata extends to the world.All these particularities determine the necessity of the procedural guarantee of the third party in the identity relationship litigation,which is the basis for the legitimacy of the judgment of identity relationship litigation to the world.This part mainly demonstrates the necessity and legitimacy of procedural safeguard for the third party and provides theoretical basis for the establishment of relevant safeguard system in China.The third part is a comparative study of the third party procedural safeguard in identity relation litigation.This part mainly introduces the experience of comparative law,including the possibility of providing a third party to participate in litigation before judgment.Procedures for safeguarding the participation of a third party in proceedings;After the action,it has provided procedural relief by canceling the action or allowing a third party to apply for retrial.And the specific problems involved are analyzed to provide reference direction for the construction of related programs in China.The fourth part is the perfection of the third party procedure guarantee in the identity relation litigation.This part is on the basis of the third part,referring to relevant experience,combining with the actual situation of our country,analyzing the feasibility of the application of comparative law experience in our country,and putting forward the program construction thinking of the third party program guarantee.This paper puts forward some Suggestions from the following three aspects: expanding the scope of eligible parties,establishing the participation system of the third party in identity relation litigation,and confirming the relief guarantee of the third party after the judgment comes into effect.