An Analysis Of A Third-party Revocation Lawsuit Filed By The Victim In A False Lawsuit

With the complication of social intercourse and the diversification of disputing subjects,sometimes the effective legal documents have more or less impact on the civil rights and interests of the third party.In the current relief methods of civil litigation in China,there are various relief methods,such as retrial,execution of objection,separate prosecution and cancellation of the third party,etc.The effectiveness and convenience of different relief methods should be compared and analyzed to find out which approach is more beneficial to the victim.The subject of retrial relief is the most comprehensive,but it often needs the intervention and promotion of public power at the beginning,which makes it difficult to start,while the lawsuit of execution objection needs to be raised at the execution stage,which has a lag.In this way,the third party's withdrawal of the lawsuit can make up for the deficiencies of the above system,especially for those who cannot participate in the lawsuit due to factors other than their own will,and have evidence to prove that the original judgment violated their legitimate rights and interests,and the case has not yet reached the execution stage.About adding a third person to cancel lawsuit system,its legislative reason mainly is that,according to the present situation of our country civil trial practice to malicious collusion,fraud and other means to infringe upon others as more and more civil rights cases,only through the third person to participate in litigation and execution objection to protect case outside the legitimate rights and interests of a third person,the co-action.The legitimacy and necessity of the third party's revocation lies in the containment of false litigation and malicious litigation,and the provision of effective post-event relief for the third party whose legitimate rights and interests are infringed due to the effective judgment between others.The proper subject of the third party's revocation suit is directly related to the feasibility of the third party's revocation suit and plays a leading role in the protection scope and method of the third party.This paper takes the case of the third party withdrawing the lawsuit brought by the victim in the false lawsuit as an example.In the case,the effective judgment obtained by the two defendants through the false lawsuit makes it difficult to realize the legal claim of the plaintiff,and the plaintiff,as an ordinary creditor,successfully brings the third party withdrawing lawsuit.On the analysis of the bulletin cases led to false action of the victim whether the third person to dismiss the lawsuit the plaintiff eligibility questions,analyzes in detail the current I handled in the national defense law of the third person in the cancellation of the plaintiff eligibility conditions,contains the main body,the entity and the procedure of three elements and should meet at the same time,this paper discusses the existing problems of law in the judicial practice mainly appear in the condition of the body on the cognizance of the reason is that the law not rigorous design and legal interests of recognition difficult.The following paper mainly analyzes the typification of the identification of the plaintiff in the third party's revocation suit with the combination of cases,and further puts forward Suggestions to improve the system,emphasizing that the scope of the third party's revocation suit should be expanded and the abuse of the right of action should be prevented.