Improvement In The Qualified Plaintiff Of The Withdraw Of The Third Party

According to the principle of relativity of res judicata,the person who does not participate in the lawsuit is not bound by the judgment,which is the basic meaning of the procedure guarantee of the right holder.However,due to the increasingly complex social relations,the relationship between rights and obligations has also gradually developed into a network of interdependent and interconnected relationships,which influence the whole body.The change of other people's substantive legal relations will inevitably affect the whole social relations network;the individual judgment will also affect the rights and interests of the third party.In this context,in order to improve the unity of the settlement of judgment disputes,the civil procedure law gradually recognizes the principle of the expansion of res judicature and expands the scope of judgment effectiveness.But at the same time,it is difficult to study whether the third party is bound by the effect of judgment of others and how to remove the binding effect of judgment.In this regard,the establishment of the third party's revocation action is to protect the interests of the third party.However,since the establishment of the system,it has brought its own theoretical paradox,which is in tension with the principle of res judicature,leading to endless disputes over its application.As a special relief procedure,the application of the third party's revocation action must be in conflict between the stability of the law and the justice of the case,the rights of the parties and the rights of the outsider.Therefore,its trial procedure is more complicated than ordinary procedure.The eligibility of the plaintiff is the key to the operation of the procedure,which determines the scope and legality of the lawsuit.Unfortunately,the scope of the third party's revocation has not been clear so far.This paper intends to analyze the scope of qualified plaintiff of the third party's revocation action in Chinese context from the perspective of judgment effectiveness and procedural guarantee,so as to contribute to the improvement of the post-relief procedure.The writing ideas of this paper mainly focus on the following four aspects:The first chapter is the summary of the plaintiff's question of the third party's revocation.In the aspect of legislation,there are three levels of deviation in the third party's revocation,that is,the purpose of legislation,the concept and the system.In judicature,the judgment of the qualified plaintiff of the third party's revocation is vague and conflicting,which leads to the abuse of such relief procedure.Therefore,it is necessary to change the existing recognition path and reconstruct the criterion of qualified plaintiff for the third party's revocation,so as to standardize the space and function of the system.The second chapter is the requirements for the determination of the suit of the third party.This paper analyzes the connotation of the third party's revocation action and the qualified plaintiff.The third party's action of cancellation belongs to the action of formation,which requires the qualified plaintiff to meet the requirements of legality and actuality.The litigation interests of the qualified plaintiff require the qualified plaintiff to meet the requirements of binding judgment effectiveness and procedural guarantee of appropriateness.Therefore,the specific type of the plaintiff's determination of the revocation of the third party suit should meet the four requirements of legality,reality,binding effect of judgment and procedural guarantee.The third chapter is the identification type of the qualified plaintiff of the third party's revocation.Based on the two requirements of binding effect of judgment and appropriateness of procedural safeguard,the scope of qualified plaintiff is reasonably defined.Under the binding effect of judgment,this paper analyzes the types of judgment effect in detail and studies the influence of each binding force on the rights and interests of the third party,so as to clarify the specific connotation of the influence on the rights and interests of the qualified plaintiff.Under the appropriateness of procedural safeguard,this paper analyzes in detail the relief ways that the affected subjects can seek,and probes into the realistic necessity of proper plaintiff to initiate the procedure.Between maintaining the stability of the original judgment and the relief of the procedure of an outsider,it is reasonable to specify the type of qualified plaintiff for the third party's revocation.The fourth chapter is the improvement of the suit of the third party.We should optimize the system from two aspects:legislation and judicature.At the legislative level,it is necessary to clarify the legislative purpose of the system and procedure safeguard,adjust its legislative system to the special relief procedure after the event,add litigation notification procedure at the same time,and improve the security system of the third party before and after the event.At the judicial level,we should improve the identification procedure of qualified plaintiff,clarify the judgment effectiveness system,coordinate the application of relevant procedures,and improve the internal process of operation.