Research On The Third Party's Revocation Suit System

In recent years,with the growth of economy and the increase of civil disputes,the legal awareness of the general public has also been enhanced,and they have learned to use legal means to protect and remedy the damaged rights and interests,among which the number of the third party's lawsuit of cancellation also shows an increasing state.The original intention of the legislation of the third party's revocation action is to protect the interests of the third party who is not involved in the case due to the judgment,ruling or mediation document that is partly or completely wrong.However,the provisions of the law on this system are not mature,which leads to different opinions in the judicial practice.In judicial practice,different opinions may lead to the superior and subordinate courts to make completely opposite judgments,which not only affects the legitimate interests of the third party outside the case,but more importantly endangers the authority of judicial judgment and judicial credibility.In the case of the third party's revocation,the legislature should perfect or improve its deficiency so that the system can protect the interests of the third party to the greatest extent.By studying three cases in the network of judgment documents,this paper discusses some problems existing in the system of the third party's revocation action,and gets some relevant enlightenment according to these problems.Part one: introduce the case and point out the problems found in the case.Introduced from the selection of network in the written judgment of the third person repeal of proceeding of cases,through the case in court against a third person for a third person to cancel the cognizance of suit,analysis at present is summarized in the third person to cancel v.regulation exists in the main body of regulation,coordinate with an outsider to apply for a retrial,and the third person litigation right abuse of the three aspects of the problem.The second part: mainly focuses on the analysis of the legal issues presented in the case.This part analyzes the three problems in the first part of the case.This paper analyzes and demonstrates the manifestation of the problem,the causes of the problem and the consequences caused in judicial practice.By civilian law cancels the suit of the third person to prosecute the regulation of subject qualification,academic circles vary,there is no uniform definition in practice led to in addition to the independent claims provided for in the third person or without independent claim of a third person other than the third person damaged rights and interests can not get relief,such as damaged as a result of malicious litigation creditors,it's off the litigation system of our country to set up the third person to withdraw in the first place.In the current law,there are two relief systems: retrial by an outsider and revocation by a third party,which result in that under special circumstances,the injured rights and interests do not know how to choose the appropriate way to maximize the relief of the damaged rights and interests.In terms of the abuse of the right of action against the third party,under the registration system,every court must "establish the case",which greatly lowers the threshold of case review.Besides the shortage of the disciplinary measures stipulated in the law or the third person in the case of lack of law according to the lawsuit,even some illegal harassment of the third person to evade debts or stress such as the original one and initiate a third person to cancel proceeding,this not only takes the original financial and material resources,also caused great waste of judicial resources.The third part: the second part of the theoretical analysis,induction of the case presented by the problem of enlightenment.The subject scope of the third party revocation action should be expanded.There should be clear provisions on the application of retrial for an outsider and revocation of a third party.Finally,in the third party of the abuse of the right of action,from the establishment of a sound punishment system to regulate the abuse of the right of action.The third person to withdraw is suit in the civil procedure law in 2012 first appeared in the third paragraph of article 56,concrete expression as in the case of others,the third person due to the reason not attributable to himself not to participate in litigation,but the results of the final action is written judgment caused certain effect to the rights and interests of a third person,at this time,it can lodge a lawsuit to the court,requests the court to cancel to judgment or order of the litigation,mediation of legal documents.Although this provision provides a new remedy for the third party,there are many problems in the application of this provision in judicial practice,such as the litigation subject of the third party's revocation,the retrial application of the third party's revocation and the outsiders,and the abuse of the litigation right of the third party.In the process of studying the issue of the third party's cancellation of litigation,the author analyzes the problems in the third party's cancellation of litigation from the perspective of three typical cases combined with China's judicial practice,and then puts forward some feasible Suggestions on the improvement of the system of the third party's cancellation of litigation in China.