Research On The System Of The Third-party Revocation Lawsuit

In recent years,the interest relationship between civil subjects has become increasingly complicated,and the judgment result of litigation not only has binding force on both parties,but also sometimes affects the third party who has not participated in the proceedings,so that their legitimate rights and interests are damaged by the litigation result of others.In order to protect the rights of the third party outside the case,China formally established the third party withdrawal litigation system in 2012,and then made further specific provisions on how to apply the third party withdrawal litigation system.The establishment of the system has enriched the academic research content,broadened the relief channels for the third party outside the case,and promoted the improvement of the Procedure law in China to a certain extent.However,due to the lack of legislation and judicial application,the function of the system in practice is not perfect.The article starts from the research theory of the third party cancellation lawsuit system,comprehensively explains the basic content of the system,and discusses the deficiency and deficiency of the system in the legislative level and judicial practice by analyzing the current situation of the third party cancellation lawsuit system.This paper puts forward a series of suggestions for the improvement of the third party cancellation lawsuit system,so as to give full play to the role of the system in judicial practice and protect the third party's right to remedy its own legitimate rights and interests.