Research On The Third-Party Revocation Litigation System

In 2012,China formally put the third party cassation system in the civil procedure law,in order to regulate sham lawsuits,reduce the number of errors in the effective The purpose is to regulate sham lawsuits,reduce the validity of the wrong judgments against the third party,and effectively protect the rights and interests of outsiders.However,due to the third party revocation of the legislation in the formulation of a relatively hasty,many specific content is not provided for,the introduction of the new civil procedure law in 2015 to explain the application of the third party revocation of the law in practice has some guidance,but the controversy for the system in various aspects still continues.Therefore,it is necessary to study and discuss the many problems that have emerged in the actual operation of the third party revocation suit.This paper is based on this in-depth discussion of the system and application of third-party revocation,found some of its problems in practice,and put forward the corresponding proposals to solve these problems,and promote the practical application of the third-party revocation system.First of all,the concept of third-party revocation as a starting point,by discussing the current several doctrines of the nature of the third-party revocation of the cognition,to grasp its essence.The third party revocation lawsuit has the function of procedural protection and substantive relief,the function of curbing false lawsuits and the function of correcting wrong decisions.Then,by searching the third person revocation lawsuit on China Judicial Documents Online and carrying out empirical analysis,it is concluded that the third person revocation lawsuit involves a large number of types,the probability of dismissal is high,and the current situation of practice of frequent false lawsuits,through the analysis of the current situation of practice,it is found that there is a narrow scope of the plaintiff in the application of the third person revocation lawsuit,the review standard of the court accepting the third person revocation lawsuit is inconsistent In addition,the third-party relief procedure is not smoothly connected with other third-party relief procedures and the problem of insufficient regulation of sham litigation.And then put forward the third party revocation system to improve the proposal: it is recommended that the plaintiff can file a third party revocation of the expansion of the scope of the plaintiff,the review of the plaintiff to consider both the civil rights and interests of the powerful relationship,but also to take into account the legal interests;recommended that the court to relax the conditions for accepting the third party revocation of the lawsuit,to more rights and interests of the third party to provide cheaper;at the same time to increase the punishment of the third party to use The third party revocation proceedings damage the legitimate civil rights and interests of the third party,to maintain the rule of law and authority;improve the third party revocation proceedings and other third party relief procedures of the system design,to better connect different third party relief procedures,and truly effective in safeguarding the civil rights and interests of the third party.