Research On The Eligible Plaintiff In A Third Party Revocation

China’s third-party revocation litigation system has been controversial since its establishment in 2012,experts and scholars have different views on the necessity,legislative purpose and functional positioning of the third-party revocation litigation system.Among the many disputes about the third-party revocation litigation system,the plaintiff’s eligibility of the third-party revocation lawsuit is particularly prominent,because the first problem that needs to be solved in the application of the third-party revocation litigation system is how to accurately define the third party,if the scope of the subject of application cannot be clearly regulated,it is easy to lead to the misuse and abuse of the system.At present,China’s legislation limits the subject scope of third-party revocation lawsuits to two categories: third parties with independent claims and third parties without independent claims,and stipulates stringent conditions for prosecution,limiting the subject qualifications of third-party revocation lawsuits.The narrow scope and strict application conditions exclude a large number of outsiders,resulting in the third-party revocation litigation system in judicial adjudication is difficult to play its role.In the judgment document network,"third-party revocation action" is used as a keyword,and the number of cases in which the prosecution is rejected on the grounds of "subject incompatibility" is much greater than the number of cases accepted,which is contrary to the purpose of the establishment of the third-party revocation lawsuit,and it is difficult to make it play its own ex post fact relief function.Therefore,in order to give full play to the function of a third-party revocation lawsuit,it is necessary to clearly define the subject qualifications of the plaintiff in a third-party revocation action.To clarify the qualifications of the subject,we should first further clarify the connotation of "third party" in the third party revocation lawsuit,consider appropriately relaxing the scope of application of the plaintiff,and not limit itself to whether there is an independent right to claim as the criterion;Second,it is necessary to clarify the general wording in the applicable conditions,such as the judgment of "legal interests" in third parties without independent claims,and the definition of "civil rights and interests" the conditions for suing.Finally,in view of the special nature of the ex post fact relief procedure for third-party revocation,it is necessary to establish relevant supporting systems to cooperate with them so that they can give full play to the relief function of outsiders whose rights have been damaged.