An Empirical Study On The Third-party Revocation Lawsuit System

In 2012,China amended the Civil Procedure Law by adding the system of third-party revocation litigation to the law,which aims to protect the rights and interests of the third party and curb false litigation.With the establishment of this system,scholars have shifted from whether China should establish the third-party revocation litigation system to discussing the judicial application and mission of the third-party revocation litigation system,such as discussing the plaintiff subject of the third-party revocation litigation and improving the procedure construction,and a large number of academic works have also emerged.In 2015,the Judicial Interpretation of the Civil Procedure Law clarified to a certain extent the trial period,the competent court,the review and acceptance,the trial procedure,the way of adjudication,and the order and relationship between the application of the third-party relief system outside the case.So far,to some extent,the system of third-party revocation has been improved from the perspective of procedural construction,and there are also clear solutions to the specific problems encountered in the trial of such cases.However,the author observes that there are still many controversial issues when the people’s court handles the case of third-party revocation,such as the specific standard of the plaintiff’s eligibility standard,how to determine the effectiveness of the judgment of third-party revocation,whether mediation is applicable,and the charging standard of litigation fees.These specific problems not only perplex the trial judge,but also cause the phenomenon that the people’s court’s judgment scale is not unified,which seriously hinders the realization of the purpose of the third party’s cancellation of the lawsuit,thus affecting the relief of the third party’s legitimate rights and interests.This paper first sorts out the existing problems,and then analyzes and solves them.First of all,through the data statistics of the third party cancellation cases handled by the two level courts in N city and the judgment documents of the third party cancellation cases published on the national judicial documents website,the problems found in the process of hearing the third party cancellation cases in practice are listed.Secondly,the article analyzes the establishment background and the existing legal construction of the third-party revocation litigation,and shows the legislative status quo and procedural construction of the third-party revocation litigation in China.Thirdly,the paper analyzes the causes of the disputes in the process of handling the third party’s revocation case in detail,combining with the legislative theoretical research.Finally,on the basis of the analysis of the previous problems,combined with the practical trial experience,it provides five aspects of solutions to improve the third-party revocation system.Through the mode of prevention in advance,improvement in the process,and coordination after the event,we can provide more abundant theoretical support for the construction of the third-party revocation litigation procedure,so as to provide effective solutions to practical problems in the trial of third-party revocation litigation cases.