A Study On The Eligibility Of The Plaintiff In The Third Party Revocation

In order to protect the rights and interests of third parties from infringement and effectively reduce the occurrence of false lawsuits,China set up a lawsuit for third party revocation when the Civil Procedure Law was amended in 2012.This system is procedural justice and has the power to receive judgment.An adversely affected third party provides a means of ex post relief to safeguard the third party's procedural rights and has the purpose of procedural protection;from the perspective of substantive justice,it is to safeguard the third party by revoking the wrong judgment document and mediation statement.Legal rights.However,the establishment of the third party's revocation of the law in China is still short,and it cannot fully adapt to the current situation of social development,which makes the system in judicial practice have many problems that cannot be coordinated at this stage.At present,the number of litigation cases withdrawn by third parties in China is gradually increasing,and the disputes over the understanding and application of the system by regional courts are also relatively large.However,China's Civil Procedure Law and the Supreme People's Court on the application of the People's Republic of China <Civil Procedure Law > Explanation of Several Issues,the specific plaintiff of the third party's rescission is not specific,and in judicial practice,case analysis is usually combined with specific cases.Therefore,only by clarifying and solving the problems existing in the system in practice,especially the identification of the plaintiff's qualifications,can the system run better,better adapt to China's national conditions,and form a third-party rights protection system with Chinese characteristics.Therefore,this article uses the typical cases of the Supreme People's Court as the starting point.First,it briefly describes the three cases of the Supreme People's Court(2018)Supreme Law Civil End No.235,(2017)Supreme Law Civil End No.38,and(2017)Supreme Law Civil End No.63.The background of the three cases is summarized.Secondly,the current situation of the research on the third party's revocation of the case in China is analyzed,and the scope of the plaintiff's subject qualification is sorted out from the perspective of theory and type analysis.In the relevant system of the region,the plaintiff's eligible subject is compared and used for reference.Finally,the solution to the focus of the three cases introduced in this article is combined with theoretical viewpoints,focusing on ordinary money creditors,mortgagees,and company shareholders as the third party's cancellation of the plaintiff's subject.Discuss the situation.At the same time,three suggestions for improvement were put forward,including: clarifying the legal status of the plaintiff in the case of third party revocation,expanding the scope of subject qualification,coordinating the third party revocation case and the retrial system of outsiders,with a view to revoking the third party in China The development of the litigation system has helped.