A Study On Relationship Between The Litigation Of Revocation By The Third Party And The Litigation Of Application For A Retrial By Persons Who Not Involved In The Case

The complex social trading structure makes the litigation to constantly break its relativity and put effects on the third party.In order to protect the rights of the persons who are not involved in the case and those who are the third parties,China has established the litigation of application for a retrial of persons who not involved in the case and the litigation of revocation by the third party,which jointly compose of ex post facto remedy procedures.However,although the lawmakers hope to use these two systems to protect the rights of the third party who is not involved in the case,due to the lack of systematic reasoning of these two systems,it is of great difficulty in judicialpractice.The difficulties mainly consist of the overlap of the remedy rights of the third party and that of the person who is not involved in the case as well as the confusing and vague application in judicial practice.Basing on the reason that such two systems are in relatively tense relationship in judicial practice,the paper will take the bilateral relationship as the core to comprehensively and systematically analyze the composition and the judicial status quo of each system.By integrating theory with practice,it will analyze and study the co-opetition and difference in judicial practice between these two systems with actual cases of the court,with the intention to divide a clearer applicable boundary in practice.Basing on the previous foundation,the paper will point out the weakness of handling the relationship between these two systems in the existing rules and regulations and further provide suggestion on improvement.