Perfection Of The Third Party Interests Relief Mechanism In False Lawsuit

False lawsuit is one kind of behavior that disturbs the normal order of judicial. It is not only a violation of the dignity of the national judicial, but also damages the legal rights of the third party, is contrary to the original intention of the countries have set up the civil litigation systems to resolve the civil disputes. In order to avoid violating national judicial dignity, to ensure the normal judicial order, the judicial government has passed many laws to find, and punish false litigation phenomenon. However, how the rights of third parties whose real interests have been ruined to get timely and effective relief and rescue are very primitive. They can’t get the relief from the existing provisions timely and fully. After analyzing the different stages of the civil litigation process, we can go through the improvement or set related systems and procedures to protect the legitimate rights of the third party. Adhere to the proceedings philosophy of procedural fairness, protect the rights of the Third Party to participants in the proceedings and litigation status, then expand the range of a third party outside the case for a retrial, and further refine the procedures of the third party to withdraw the lawsuits,and so on. So, it can make up for the defects of the rights of third parties in the case in the area of civil litigation relief mechanism, and better match the fight against the proliferation of false conduct of litigation. Therefore, from the relief of a right, safeguarding authority and peoples’ faith to justice, it is necessary to perfect relief mechanism on the rights of third parties outside the case.In our country, protecting the rights of third parties can be divided into prior protection and subsequent relief. Advance protection mainly protects the third parties to participate in the proceedings and litigation status; subsequent relief mechanisms are mainly review and withdrawing effective judgments. Existing protection mechanisms can not guarantee no independent right of the legitimate rights and the limited scope of the retrial, the third person too abstract revocation proceedings, can not make a claim for direct infringers.Examine the extraterritorial third party system and its mechanism of protection of the rights, the United States of the introduction of the system as well as civil law countries, the auxiliary third party system, has played an important reference to the perfection and the reconstruction of the relevant third party system. By necessity and feasibility analysis, can learn from civil law countries have withdrawn their proceedings to further refine the system of our country, make it more operational. Reference tort law in the common law countries to further improve China’s tort liability provision of the legislation, allowing a third party to make a claim for the offender to bring the infringement complaint. The same time, adhere to procedural fairness and the concept of adversary change too much emphasis on the concept of substantive justice and inquisitorial proceedings; also play an important role in the protection of rights of third parties.