The Perfection Of The Third-party Revocation Lawsuit System

In order to protect the legitimate rights and interests of third-party civil subjects and to combat sham litigation,a new type of lawsuit was added to the newly revised civil litigation law in Chinese mainland in 2012,namely,the third-party revocation lawsuit.Due to the influence of the civil law system of res judicata theory,this type of litigation is almost accompanied by the controversy and development of the academic community,in recent years,the focus of the controversy has been from the need to establish a separate type of litigation into how to improve the establishment of this type of litigation system.This article is based on the basic theory of the academic community on this type of litigation has been formed,from the mainland of China on the establishment of the legal system of this type of litigation,to explore the judicial practice of the people's courts in the trial of this type of litigation still exists when the application of the problem,and the above-mentioned issues oriented to examine the relevant systems in France and Taiwan,China,through the comparative reference to find to further improve the mainland of China established This paper is divided into four chapters.This paper is divided into four chapters.The first chapter discusses the basic jurisprudence of this type of litigation.The first chapter discusses the basic jurisprudence of this type of litigation.Through analysis,it is pointed out that this type of litigation is different from general civil litigation in concept and nature,and this difference constitutes the theoretical basis of this type of litigation.By analyzing the necessity and legislative purpose of this type of lawsuit,and by identifying the relationship between this type of lawsuit and related lawsuits,the institutional position of this type of lawsuit is further clarified.The second chapter points out the existing problems of this type of litigation system by analyzing specific cases.This chapter points out that the main problems of this type of litigation system focus on the inconsistency of the scale of filing review,the difficulty of defining eligible plaintiffs,the lack of clarity in the scope of trial,and the confusion between the application of the system and related systems.The third chapter is an extraterritorial reference to this type of litigation.Based on the specific problems identified in Chapter 2,this chapter examines the specific measures taken by France and Taiwan in solving similar problems,and seeks to find the benefits of solving the problems in Chinese mainland through comparative reference.The fourth chapter is a specific idea to improve this kind of litigation system.This chapter addresses the main problems of this type of litigation system,taking into account the actual construction of the rule of law in Chinese mainland and drawing on the experience of foreign countries,the following recommendations are made:first,it is recommended that this type of litigation from the review of the file to the registration of the file,and the reference to the retrial of the construction of this type of litigation for the second-order trial procedures,in order to completely solve the problem of inconsistency in the scale of the review of this type of litigation;second,it is recommended that through the reasonable use of legal interpretation to expand the The third proposal is to clarify the application of the principle of limited review of this type of litigation,the court should be combined with the "change" of this type of litigation;Finally,it is proposed to eliminate the application for retrial by an outsider,clarify the application of this type of litigation and retrial Finally,it is proposed to abolish the application for retrial by an outsider,clarify the application of this type of litigation and retrial,and suggest the addition of a penalty mechanism for abuse.I hope that through the continuous deciphering of the application of this type of litigation to seek the perfection of this type of litigation system,in order to fully realize this type of litigation to protect the interests of third parties and to combat fraudulent litigation should be the function.Therefore,even if this type of litigation is born with controversy,there is no need to deny its institutional value,both academic and judicial practice should put aside their preconceptions and make how to improve this type of litigation system as the center of discussion and promote its continuous enrichment and development in the controversy.