| China established the third party revocation lawsuit system in the Civil Procedure Law in 2012 which applied to the judicial practice of our country later.The original intention of the system is relieving the legitimate right and interests of them,when many judgments already in force impair the rights of third parties.The system has played a positive role in saving judicial resources,maintaining judicial order and safeguarding social fairness and justice,especially the phenomenon of malicious litigation is frequent in recent years.In 2015,the supreme people’s court issued Judicial interpretation on the application of Civil Procedure law,which has a detailed regulations of the third party revocation lawsuit system.At the same time,it solves some operational problems to some extent.But the third party revocation system is more urgently introduced into our country,so the relevant legal provisions are not quite complete,and there are some difficulties in judicial application for legal personnel.Therefore,it is necessary to study the legal application of the third party revocation lawsuit system for finding the deficiencies and making sound suggestions.Firstly,this article makes a basic theoretical analysis of the third party revocation system,which mainly discusses the concept,purpose and foundation of legislation,nature of the system in our country.Besides this paper explores the application status and shortcomings of the third party revocation system.And the author do a research on mortgages in particular,which is the typical right in the real rights for security,on the basic of different rights of third parties.By summarizing the cases from China Judgements online,which a third party can go to the court to file the lawsuit based on the mortgage right to be damaged,there are mainly three shortcomings in the application of the law of the third party’s revocation.The first is ambiguous of the identification of plaintiff.The second is obscure of the causes of cancellation.The third is the connection is not working quitesmoothly between the suit of the third party discharging and other proceedings.Moreover,the reasons for the above problems are as follows.One is legal rules are not extensive.Two is the standards for applying the law are different.Three is the lack of supporting systems.That makes it impossible for the mortgagee to remedy his rights when he brings a revocation action,and cause the function of the system can not play.At last,this paper put forward some feasible suggestions to improve the third party revocation litigation system.First from the legislation we should improve the third party revocation of the legal system of the legal provisions.Then it is necessary to optimize the applicable standards of law for judges to hear cases.Finally,we should improve relevant supporting measures.For example,Building the punishment mechanism of abuse and coordinate the relationship with other third party system according to foreign law as lessons,so that the judicial environment of our country will be further optimized and the third party revocation system will play a valuable role. |
