Research On The Third Party Cancellation

The third-party revocation suit is a civil litigation system in the civil law system that has important theoretical research significance and practical value for solving the problem of remedy of third-party rights in civil litigation.In recent years,in our country's judicial practice,there have been more and more civil cases involving the field of third parties outside the case,and the frequent occurrence of damage to the legal rights and interests of third parties has aroused widespread concern of the public.The establishment of a third-party revocation litigation system in China aims to solve the problems of malicious collusion and false litigation in our country's civil litigation.In2012,China's Civil Procedure Law added the legal provisions of the third-party revocation system after the amendment,but in this provision,no specific implementation measures were provided,nor did it set up an appropriate supporting system to build this system.In the judicial practice of civil litigation in China,it is unable to exert its expected establishment effect,and it is difficult to adapt to the complex and changing civil legal relationship.By studying the typical cases of the third party's revocation of litigation,studying the relevant legislative experience of various countries,and discovering problems in China's existing legislation and judicial practice,we can better target specific improvements in accordance with China's specific conditions.The function and role of the three-person revocation litigation system.By setting up special legislation,matching supporting systems,and coordinating the relationship with other third-party relief systems,we can improve the system of third-party revocation suits in our country,which can effectively implement the third-party revocation suit system.For the research on the revocation of the third party in our country,this article will discuss the following five parts:The first part analyzes the case of judicial practice as an entry point.Through the analysis of typical cases and judgment documents,two typical cases are selected.The cases show the operation method and applicable situation of the third party's revocation of the case,and the case leads to the third party's revocation of the case.The system does exist controversies in judicial practice.Regarding the problems in the judicialpractice of the third party's revocation of the lawsuit,the effective relief of the lawful rights and interests of the third party outside the case and the procedural construction of China's future third party's revocation of the complaint system proposed the doubts which led to the research value of this system.The second part starts from the theoretical level and summarizes the third-party revocation suits in our country.Firstly,clarify the basic concept and functional positioning of the third party's revocation of the lawsuit,and conceptually interpret the third party's revocation of the lawsuit in order to identify the third party's revocation of the lawsuit.Secondly,we briefly expounds the theoretical basis of the third party's rescission complaint,and understands the domestic research results of the third party's rescission complaint in our country through the academic perspective.Finally,through a conceptual interpretation,we discuss the current legislative status of the third party's revocation in China's current law,and analyze the typical cases in the first part to find the legislative style,supporting systems and regulations from the perspective of litigation participants.The three subjects are qualified and analyzed.The third part starts from the level of judicial practice,and analyzes the judicial status of the third party's rescission in my country.Firstly,through the analysis of the case data of the third party's revocation of the case,it is briefly stated that in judicial practice,the number of cases in the third party's revocation of the case in our country continues to increase,but there are also many problems in rejecting the case.Secondly,combined with the typical cases in the first part,it specifically analyzes the problems and causes arising from the third party's revocation of the lawsuit in judicial practice,mainly elaborating the incomplete review system,the lack of supporting pre-relief procedures and the effective supervision of abuse.Finally,from the perspective of coordination between the systems,analyze the problems of cross-application of law between the third-party revocation suit and other third-party relief systems in my country.The fourth part refers to the relevant legislation on the revocation of the third party's revocation,mainly including the legislation of the Anglo-American law system countries and other civil law countries or regions,including the United States,France,Italy and China's Taiwan region.The legislation of the third party's revocation litigation is compared and analyzed in terms of legislative style,procedure construction,etc.The summary of the antecedent procedures of the Anglo-American legal system and the post-relief procedures of other civil law countries or regions to the third party's revocation litigation of China in the aspect of the comprehensiveness,effectiveness and specificity of the program construction.The fifth part is mainly to put forward targeted suggestions on the legislative and judicial practice of the third-party revocation of China summarized and analyzed from the previous chapters,so as to improve the third-party revocation of China.First,starting from the perspective of legislative style,it is proposed to make appropriate adjustments to the legislative style.Secondly,with regard to the supporting system for the third party's revocation of litigation,reasonable suggestions have been put forward in terms of the improvement of the case-inspection system,the expansion of the scope of eligible plaintiffs,the establishment of the litigation notification system and the establishment of the system of punishment for abuse.Thirdly,considering the context of the third party's revocation suit and the outsider's application for retrial and execution of the dissent suit,the third party relief system penetrates and overlaps,and proposes to coordinate the relationship between the systems.