Research On The System Of Dismissal Of Third Party In China

The third party's revocation proceedings are different from the traditional two-party parties' equal confrontation and the judge's mid-trial proceedings.This procedure is a special procedure for third parties outside the case.The purpose is to make the effectiveness of the effective judgment effective.The third party outside the case can achieve the purpose of protecting his legitimate interests by revoking the judgments that are in effect between the parties.The purpose of this paper is to conduct a comprehensive study of the system of revocation of the third party in China.In addition to the introduction and conclusion,this article has five parts,totaling more than 52,000 words.The first part,from the concept,origin and function of the third party's revocation system,comprehensively explains the basic principles of the third party's revocation system.The second part analyzes whether the third-party revocation system is justified or not from the perspective of legitimacy.Because the discussion of legitimacy in the theoretical circle is mostly to justify the political rule,the author first introduces the concept of the legitimacy of the legal system from the legitimacy of political rule,and justifies the legal system of the third party.Sexual analysis,and finally concluded that the third-party revocation system is a legitimate system.The third part is mainly to conduct a comprehensive analysis of the system of revocation of the third party outside the domain.Through the analysis of the French third-party revocation system,the author finds that the effective judgment has “legal and real power” in France,and the third-person revocation system is used as a weapon to protect the third party against the effective judgment.And produced.The system of revoking the third party in Taiwan in China was established based on the "new procedural safeguard theory",but the theoretical circles in Taiwan have continued to argue about this system.The fourth part mainly analyzes the system of revocation of the third party in China.In this part,the author introduces the purpose and constituent elements of the third-party revocation system in China.At the same time,it also comprehensively analyzes the operation of the third-person revocation system in China from the perspective of theoretical argumentation and judicial application.The fifth part mainly discusses how to improve the operation path of the third party's revocation system in China.The author believes that the operation of the third-person revocation system in China needs to be comprehensively laid out from the aspects of establishing the system of judging power,establishing the scope of eligible plaintiffs,and coordinating the third-party procedures guarantee mechanism.