Research On The Third Party Cancellation Lawsuit In China

The third party's revocation as a post-hoc relief procedure to protect the third party's legitimate interests was first born in France.Since then,Italy,Japan,and Taiwan have introduced the civil procedure system.After the change,it is still retained as an independent procedure,showing that its functions and values are recognized by countries around the world.When China revised the Civil Procedure Law of the People's Republic of China(hereinafter referred to as the "Civil Procedure Law")in 2012,it established a third-party cancellation action system in Article 56 and announced its implementation on February 4,2015.The "Interpretation on the Application of the" Civil Procedure Law of the People's Republic of China ""(hereinafter referred to as "Interpretation of the Civil Procedure Law")also detailed the rules on how to apply a third party's revocation in practice.Controversies in various areas continue.Five parts make up this paper.First,in the first part of the introduction,the paper analyzes the topic selection background and research significance of the thesis,and elaborates the research methods and main content of the research.Secondly,in the second part of the thesis,the third-party revocation system Based on the analysis of the theory,on the basis of analyzing the concept of the "third party",the concept and characteristics of the third party's revocation suit were defined,and the purpose and system function of introducing the third party revocation suit in China were explained.Distinguish the lawsuit against other third-party civil proceedings to clarify its procedural law;again,review the legislation of the third-party lawsuit in Taiwan and France,and summarize the third The differences of the litigation system of revocation by persons are intended to provide a reference model for the improvement of China's related systems.In the fourth part,we analyze and analyze the current legislative status of the revocation of the third party in China,that is,Relevant regulations and judicial status,that is,the general judgment and the focus of disputes in the case;the final part of the thesis is mainly based on the qualification standards of the plaintiff and the litigation.Know the system,the abuse of the right to appeal the punishment mechanism,and scientific allocation of a third person relief programs and other aspects of perfecting a third party withdraw the complaint system put forward some suggestions.