On The Application For Retrial By Outsiders

Based on the expansion theory and the reflection effect theory of the subjective scope of the res judicata,the judgment effect not only affects the parties,but also the rights and interests of the outsiders.The application of the retrial system by the outsider as one of the civil remedies in China is intended to provide relief to the outsiders who have been infringed upon by the effective judgment,which is essentially to guarantee the fairness of the lawsuit.Its existence expands the traditional civil retrial system.Functional range.With the rapid development of the economic level and the complication of social relations,the trend of the damage of the rights of the outsiders has increased,and because the time of existence of the system is short-lived,there are still many drawbacks while functioning,so the academic community has been Conduct ongoing discussions.Based on the theoretical concept and the legitimacy of the application for retrial,the article sorts out the system according to the status quo of the legislation and its evolution process,focusing on the main problems of the system in the current judicial environment.In the course of reflection,specific constructive opinions were put forward on the improvement of the system.