Research On The Relief System Of The Rights Of Outsiders In The False Lawsuit

In recent years,in the judicial practice of our country,there are often cases of infringement of the legal rights of outsiders.Found some parties and using the defects in the system of civil litigation,to avoid debt,for the purpose of maximizing the interests of the individual by cheat or fabricate the case facts,providing false evidence,unwittingly in others,in implementation of unauthorized disposition,or in the case of provisions for others,makes a lot of the rights and interests of an outsider damage.The frequent occurrence of such cases not only damages the rights of outsiders,but also adversely affects China's civil litigation and judicial credibility.It is the embodiment of the principle of good faith in civil litigation activities and the meaning of realizing judicial justice to guarantee the rights of outsiders and resist such malicious infringement.Strengthening the protection of people's rights in the false lawsuit has become a key problem to be solved.This article is divided into five parts,through empirical research,case study,comparative study,the specific research methods such as literature research,the damage to the false lawsuit rights of an outsider were analyzed,and the analysis and research on the present situation of our present an outsider right relief system and shortcomings,and draw lessons from the countries and regions outside of the system,practices,to restore an outsider in false lawsuit right relief system puts forward legislative Suggestions.The first part is the introduction.Focusing on the relief system for the rights of outsiders in the false lawsuit,this paper focuses on the research background and significance,literature review,research ideas and methods,as well as innovation and shortcomings.The second part is the overview of the infringement of the rights of the outsiders.Firstly,it defines the meaning of false lawsuit and outsiders.Secondly,through the form of case analysis,it analyzes and studies the infringement of the rights of the outsiders in the case caused by the false lawsuit,that is,the real right,the creditor's right,the rights and interests of the husband and wife,and the intellectual property right.Finally,from the perspective of legal theory,this paper studies the legal reasons for the infringement of the rights of outsiders caused by false litigation,that is,the judicatory power,execution power and subjective scope expansion of the effective judgment of false litigation lead to the damage of the rights and interests of outsiders.The third part is the analysis of the present situation of the right relief system of the outsiders in the false lawsuit.The author studies from two aspects: legislation and practice.In terms of legislation,at present,our country mainly relives the legal rights and interests of the outsiders in the false lawsuit through three forms: the lawsuit of execution objection of the outsiders,the lawsuit of application for retrial by the outsiders and the lawsuit of cancellation by the third party.In judicial practice,the application of the above three systems in practice is analyzed from the perspective of the trial practice of C municipal courts.The fourth part is the investigation of the right relief system of the outsiders in the false lawsuit.Through the analysis of the current situation of legislation and practice,it is concluded that there are some problems in the relief system for the rights of outsiders in the false litigation in China,such as the disjointed legislative codification style,the inconsistent scope of the relief subject,the confluence of the three systems,and the complex selection of the relief procedure,which lay the foundation for the following legislative Suggestions.The fifth part is the legislative suggestion of reconstructing the right relief system of the outsiders in the false lawsuit in our country.In view of the problems exposed in the legislation and practice,the author boldly puts forward Suggestions to reshape the right relief system of the outsiders in the case of false litigation in our country.Finally,a new type of relief system is constructed,which combines "the lawsuit of cancellation by an outsider" with "the lawsuit of execution objection by an outsider".For an outsider whose judgment on a false lawsuit has not come into effect and has not yet entered the stage of execution,he/she may safeguard his/her rights by filing a lawsuit against the outsider for cancellation.For an outsider in a false lawsuit that has entered the stage of execution,he or she may defend his or her own lawful rights and interests by filing an outsider's objection to the execution.Efforts should be made to make the relief system more effective in dealing with many problems existing in judicial practice,strengthen the relief of the legitimate rights and interests of outsiders in the case of false litigation,and make efforts to maintain the legal authority,ensure the stability of social order,and realize the goal of building a country ruled by law.