Research On The Qualification Of Plaintiff In The Third Party's Revocation Lawsuit

Domestic theoretical views on the plaintiff's qualification for third party opposition procedure are diverse,and judicial practice is also complicated and confusing,and even in theory and practice there is still a certain degree of deviation,so the study of the plaintiff's qualification for third party opposition procedure must respond to the needs of judicial practice as a starting point.The first part of the article is to sort out and analyze theoretical and practical issues.At the same time,the plaintiff's qualification of the third party opposition procedure needs to be explored with the system's functional orientation and subjective elements as the premise,the second part of the article is a detailed discussion of the issue of res judicata,the positioning of the system,the distinction between the third party and other third party remedies,and the comparison of the subjective elements of the third party opposition procedure with that of foreign countries.In addition,the question who is the qualified plaintiff of third person opposition procedure should be explored on the basis of typology analyzing the third parties.In the context of third parties' remedies,jurisprudential principles of remedy and the balance of interests of the parties in litigation,the third part of this article analyzes and demonstrates the qualifications of the plaintiff on the basis of distinguishing various types of third parties.Finally,the fourth part of the article,in a systemic and systematic perspective,concretely applies the " Interest of the suit" theory to the plaintiff qualification standards,put forward the overall judgment path and ideas of the plaintiff qualification of the third person opposition procedure.In conclusion,except for the defendant type third person of the third parties without independent claim should not have the plaintiff subject qualification of the third party opposition procedure,other third parties outside the case including the victims of false lawsuit should be interpreted as the eligible plaintiffs of the third party opposition procedure.