Analysis On The Litigation System Of Third Party Revocation In China

According to the decision adopted at the 28 th meeting of the Standing Committee of the National People's Congress on August 31,2012,the Civil Procedure Law of the People's Republic of China adopted new provisions in the original section.A new paragraph 3 was added after Article 56 to clearly stipulate the Third Party's Revocation.The Interpretation of 2015,provides a special chapter on the revocation of a third person's lawsuit,making it applicable in judicial practice The fact that China is more practical and operable indicates that China has formed a third-party revocation lawsuit system combining the general provisions of the Code and the provisions of the Judicial Interpretation Chapter,and further improved the protection of third-party interests and rights.The Third Party's Revocation of the lawsuit was formulated against the background of the increasing diversification of social relations and the complication of dispute relations leading to a large number of litigation subjects abusing their litigation rights and infringing on the legal rights of third parties outside the case through judicial procedures such as false litigation.At the same time,the operation of the system may also be accompanied by the problem that a third party outside the case abuses the right of action provided by the system to seek illegal interests and damage the legitimate rights and interests of the original party.And China's current legislation lacks a punishment system for such abuse.As a newly created system,its application difficulty is conceivable.Moving from abstraction to concrete and eventually forming a standardized operation requires both theoretical exploration and the accumulation and summary of jurisprudence in judicial practice.Faced with a series of problems in practice,it is necessary to conduct a theoretical in-depth study of the problems existing in the Third Party's Revocation of the litigation system in order to bring the system into full play.This article consists of five chapters The first part is an overview of the Third Party's Revocation lawsuit system,introduces the nature,characteristics and constituent elements,elaborates the relevant doctrines of the Third Party's Revocation lawsuit in detail;The second part is the legal basis of the Third Party's Revocation of the law.It mainly expounds the civil jurisprudence on which the system is established.It also analyzes the background of the judicial practice before the establishment of the Third Party's Revocation of the law,provide a realistic basis of establishes and operates the lawsuit for our country;The third chapter is the analysis of the Third Party's Revocation and other similar proceedings.Through the comparison of the two similar systems,the connotation and extension of the third party's revocation is made clearer;The fourth chapter is the predicament of the application of the Third Party's Revocation in China,discusses the practical problems and causes of this proceedings;The fifth part is the improvement of the third party's revocation in China.By analyzing the legislative provisions of the same system outside the territory,put forward perfect suggestions.