The Practical Issues And Legal Perfection Of The Third Party's Revocation Lawsuit

The revocation suit by the third party is a new proceeding established in the Civil Procedure Law and a relief procedure for the legitimate right and interests of the third party.The procedure was the first passed in the second half of 2012,and it has been in force in our country for fifth years since it began to come into force in 2013.In 2015,The New Revision of the Civil Procedure Law in interpretation has a detailed regulations of suit of the third party discharging as well.Then what are the results of the suit of the third party in implementation in five years? What other deficiencies exist and what are the differences between before and after of the Civil Procedure Law in interpretation issued? These are issues that we need to focus on in our practice.This article will analyze the practical issues of the suit of the third party discharging from both microcosmic and macro.On the one hand,through the analysis of typical cases,studying the issues of the revocation suit by the third party from a case specifically.On the other hand by collecting practical data to sort out the status quo of the suit of the third party discharging in the practice.Combining two aspects to propose a proposal for the system of the revocation suit by the third party.This article is composed of three chapters:Chapter One is mainly the analysis of the cases of judicial practice.By introduction of relevant cases and collation of big data,a discussion on three aspects of the procedure of the suit of the third party discharging is put forward.One is the subject of the suit of the third party discharging,which subjects can be the plaintiffs and defendants of the suit of the third party discharging.Two is the proceedings of the suit of the third party discharging,including jurisdictional court,prosecution,Acceptance,and legal effect.Three is the interaction and coordination between the suit of the third party discharging and other proceedings.The suit of the third party is a member of the litigation procedure to protect the rights and interests of the third party,and there are litigation procedure or systems related to the suit of Third Party mainly including the Third Party take part in the litigation directly,Third Party objection complaint system implementation,Third Party apply for retrial.Chapter Two is a introduction of relevant extraterritorial legislation,as well as the relevant enlightenment to us from the extraterritorial legislation in an attempt to learn and draw lessons to make use of the reform of the suit of Third Party discharging about China.Finally,the chapter three is to put forward the corresponding suggestions and perfect opinions for the above cases and the problems found in the data.