The Application And Coordination Of The Third Party's Revocation Action And The Application For Retrial By The Outsiders

The complexity of modern social relations determines that the subject of civil litigation includes not only the traditional two parties,but also the third party,even the outsider,who is not involved in the lawsuit.This kind of lawsuit reality leaves the system space for the litigant maliciously encroaches on the interest of the outsider.In practice,the effect of civil judgment affects or even impairs the interests of non-litigants in litigation.This means that both the legislative and judicial measures should be taken to make up for the deficiencies of the existing mechanism system,to jointly curb false litigation and to protect the interests of non-litigants.Therefore,in the recent ten years,the legislative perfection and judicial interpretation of China's Civil Procedure Law set up a complicated and diverse protection mechanism for the protection of the interests of non-litigants.At present,in our country,the ways to protect the right of remedy for outsider include the following:the action of revocation of third party,the application for retrial by outsider,the action of participation of third party,and the action of objection of execution by outsider.Legislators try to use these systems to deter malicious prosecution and give extra relief options to outsiders.However,these remedies usually take the form of a combination rather than an individual application.Because there is concurrence in the scope of application of these four approaches,the dilemma of choosing the relief method for the rights and interests of the outsider involved in the case has been raised.For example,Civil Procedure Code,Article 56,Third Party Revocation Action and Article 227,Application for Retrial,The purpose of both is to protect the legitimate rights and interests of the third party outside the case,and both of them are to protect the legitimate rights and interests of the third party by challenging the res judicata in order to achieve the goal of protecting the lawful rights and interests of the third party.This raises a series of questions as to whether the two need to coexist,whether they can be replaced,how the regimes should be connected,how overlap and conflict between them should be resolved.Based on the above considerations,this paper attempts to reform the relief mechanism by resolving the relationship between the third party revocation action and the outsider's application for retrial.By exploring the overlap and conflict between the two,the coordination between the systems can be realized.So as to achieve the effective utilization of judicial resources.We should establish a system of non-case relief that can draw on the excellent experience of rule of law in other countries or regions and adapt to China's national conditions,and guarantee the advanced nature and rigorousness of the system.