Judicial Practice Research On The Revocation Of The Third Party In China

With the development of society,people's living environment,ideological cognition and behavior have undergone tremendous changes.People's rights and obligations are becoming more and more complex,the dispute is getting much more diversified.It is difficult to achieve full coverage of parties at stake under limited judicial process.Thus,it often leads to a situation that the referee extension has negative influence on third party who don't participate in the lawsuit process.To solve this problem,China established the third party revocation lawsuit system in the Civil Procedure Law in 2012.This is a civil litigation system with realistic effects.However,with the new changes in judicial practice,there are still some problems to be solved in the judicial practice of China.This paper,which combines law theories with judicial practice,conducts in-depth analysis and research on the applicable standards of the third party revocation in China's judicial practice,the prone appearance of ligation right abusing,the low trial efficiency and their causes.Meanwhile,the paper draws on some useful legislative experience outside China to organically combine with the current judicial situation in China in order to propose suggestions on improving the judicial practice of the third party's revocation.This paper indicates that,firstly,the legal regulations for the revocation of third party in China should be perfected in terms of litigation subject,prosecution period,avoidance situation,and litigation fee standard.Secondly,a disciplinary mechanism will be comprehensively constructed by adapting lawsuit entrance investigating,proposing prosecution,and sanction of ligation right abusing in China.Third,the allocation of court trial resources will be optimized by setting the rules file management scientifically,clarifying the distribution of trails clearly,and building up a professional team of judges.