The Third Party's Procedural Safeguarding Path And Choice

If the rights and interests of the third party are damaged by the judgment of others,which procedure the third party can choose to protect their own rights and interests? This question is hard to answer.At present,there are five procedures which are related to protect the rights and interests of the third party,including the third-party opposition procedure,retrial,separate prosecution,opposition to execution,implementation of objection.However,these five kinds of procedures exist overlap in the application so that it is hard to choose for the third party.It is a difficult problem both in theory and practice.To solve this problem,I have studied theoretical and practical issues which are related to the protection of the third-party's rights and interests.On the basis of the study,I try to reconstruct the path of the third party procedural guarantee,so that the third party outside the case can make effective selection in the different procedures.This paper is mainly divided into four parts:The first part is the introduction,which mainly introduces the background of the research of this paper,and the research status of third-party procedural guarantee both at home and abroad.The second part introduces the basic problems of third-party procedural guarantee.It includes three aspects.The first aspect introduces the concept of the third-party,and distinguishes it with the concept of the people outside case and the third party on legislation.The second aspect introduces the connotation of procedural guarantee and limits it to the constitutional meaning in this article.The third aspect expounds the necessity of setting up the procedure of protecting the rights and interests of the third party.The third part analyses China's legislation on the third-party's procedural guarantee,combing the different procedure which can be chose by the third party to protect their own rights and interests.On the basis of this,I analyzed the problems existing in the selection of different third-party procedure.The fourth part is the focus of this paper.In this part,I tried to reconstruct the path of the third party procedural guarantee.Based on studying the related system of foreign and Chinese scholars' research,I made some suggestions to perfect the path of the third party procedural guarantee.Firstly,the theory of validity of judgment should be perfected,andthe third party is divided into different types according to the validity of judgment.Secondly,every procedure which protects the rights of the third party should be relocated.Finally,on the basis of the first two steps,I redesigned the procedural guarantee path which can be chosen by the third party,so that the third party outside case can find the effective and appropriate security procedures.