The Establishment Of System For The Third Persons' Objection In The Civil Retrial Procedure

To relieve the damaged benefits of the third persons in the civillawsuit or in the executive procedure, the civil procedural law in ourcountry stipulated the system of the third persons and the system ofthe third persons' executive objection, but it lacks the relatedremedies for the third persons whose benefits have been damaged by thelegally effective judgements after ending the lawsuit or the executiveprocedure Obviously, it is unreasonable. In general, the civil disputes take place between the both parties,and its ruling result strictly limits to the litigants or partiesparticipated by procurators in the lawsuit. Generally, when a personneither is the litigants nor is the parties represented by procutatorsin the lawsuit, he couldn't be affected by possible results of the rulingbecause the reasons given in the ruling only have the "opposite authorityeffect". But in fact, the ruling results of many civil cases damage oraffect the benefits of the third persons. So the remedies for the damagedbenefits of the third persons must be involved. However, the civil retrialprocedure, which is the only currently available procedure, forbids thethird persons to take part in the procedure for their benefits. The 1necessity and imperative to make the system available as soon as possiblehas been proved by many civil cases. In order to reinforce the remedies for the legal rights of the thirdpersons whose benefits have been damaged by the effective ruling and perfectour civil retrial procedure, the author of this thesis suggests that thesystem of the objection of the third persons should be established on thebasis of learning the advanced law systems from the foreign countries. Itis a special relief procedure that the third persons who have not takenpart in the procedure will have the rights to put forward the retrialobjection to the court that has made the original effective ruling or itshigher level court in order to repeal or alter the effective ruling whentheir rights have been damaged or affected by an effective ruling. It isalso a supplement and perfection to the civil retrial procedure for theremedies of the third persons' damaged benefits. Certainly, establishing a procedure or system, we must investigate itslaw basis, procedure values and necessities of establishment. By analyzingand comparing with the system of the third persons who have the rights forindependent claims in the first instance and the system of the thirdpersons' executive objection in the executive procedure in the civilprocedural law, and learning and absorbing those advanced procedure systems——the special appealing procedure for the third persons to repeal theruling in the civil procedural law in France and objection procedure forthe execution in Germany, Japan etc., the author puts forward reasonablyits conditions and detail procedures in our civil retrial procedure. First of all, the law bases of establishing the objection of the thirdpersons are as following: 1. The system of the third persons who have the rights for independentclaims in the civil procedures in the world. 2. The system of executive objection for the third persons in theexecutive procedure of our country and the objection procedure for the 2execution in Germany, Japan etc. 3. The special appeal procedure for the third persons to repeal theruling in the civil procedural law in France. Secondly, the objection system of the third persons conforms to theprocedure values of justice, efficiency and order etc. The third, the necessity to establish the system is as following:settin up the special objection system of the third persons in the civilretrial procedure. In order to relieve the third persons' rights, keepconsistency for the relief of the third persons from beginning to end,guarantee the equal status of litigants, assure splitting the accusationwith the trial, ensure the pro...