| In recent years,with the rapid development of social economy,social relations have become increasingly complex,and civil disputes have gradually increased.In judicial practice,there are more and more cases in which the judgment results of civil cases damage the legitimate rights and interests of outsiders.In order to protect the legitimate rights and interests of the third party outside the case,China’s civil procedure law revised in 2012 sets up a new third party cancellation litigation system in the chapter of the parties,the specific content of which is stipulated in paragraph 3 of Article 56.As a new relief system for the rights and interests of the third party out of the case,this system is set up to protect the legitimate rights and interests of the third party as the primary purpose,to curb the false litigation.Because of the reasons that can not be attributed to themselves,the third party can not participate in the litigation,and provide the corresponding evidence to prove that the effective judgment is wrong,which damages the legitimate interests of the third party,and provides the way of afterwards relief.China’s third-party cancellation litigation mainly draws on the legislative experience of Chinese Taiwan and France,and combines with China’s actual situation to develop a new relief system for non litigants.The third paragraph of Article 56 of the civil procedure law is not scientific enough,and the interpretation of the civil procedure law does not perfect it.Although the academic and judicial practice circles have not paid much attention to and discussed the third party revocation litigation system,and have made considerable research results,there is still a great controversy on the identification of the plaintiff’s subject qualification of the third party revocation litigation,and there is no clear identification standard up to now.In order to start the third party cancellation litigation system,we must firstsolve the problem of the plaintiff’s subject qualification,and determine whether it has the qualification to initiate the cancellation litigation before entering the subsequent litigation link.From the perspective of three classic cases,this paper analyzes the problems existing in the judicial practice of the third party’s revocation of the plaintiff’s subject qualification,and puts forward corresponding improvement suggestions on the problems reflected in the practice.This paper consists of introduction,body and conclusion.There are three chapters in the text:The first chapter is the brief introduction of the case and the summary of the dispute focus.First of all,it briefly introduces the basic cases and the judgment results of the three typical cases;secondly,it summarizes the legal issues and the focus of controversy reflected in the three typical cases,mainly including three aspects: the identification standard,the identification scope and the filing and examination standard of the third party’s revocation of the plaintiff’s subject qualification.In the second chapter,the legal issues and the focus of disputes reflected in the case are analyzed.First of all,this paper analyzes the standards of the identification of the third party’s revocation of the plaintiff’s subject qualification.There are differences between the judicial practice and the theoretical research,and there are different judgment opinions.The reason lies in the inconsistency of the standards of the identification of the third party’s revocation of the plaintiff’s subject qualification in the judicial practice.Secondly,it analyzes the scope of the identification of the third party’s revocation of the plaintiff’s subject qualification,and studies the different types of subject qualification combined with the case,and finds that the reason for the existence of conflicting judgments is that the scope of the identification is not clear.At last,it analyzes the examination standard of the third party’s cancellation of the plaintiff’s filing.In the filing stage,what kind of examination standard is applicable to the plaintiff’s qualification,which is related to whether the plaintiff can enter into the subsequent proceedings and maintain its own legitimate rights and interests.If the examination standard of the filing stage is not clear,it is difficult to achieve the purpose of creating the third party’s cancellation litigation system by legislation.The third chapter,to the third party cancels the lawsuit plaintiff main bodyqualification confirmation consummation suggestion.Based on the problems reflected in the three typical cases,such as the identification standard of the plaintiff’s subject qualification is not unified,the scope of identification is not clear,and the standard of case filing and examination is not clear,and based on China’s national conditions,this paper puts forward specific suggestions for improvement,in order to provide useful suggestions for the identification of the plaintiff’s subject qualification of the third party’s cancellation of litigation,so as to promote the further cancellation of the litigation system of the third party Perfect. |
