The Research Of The Third Party Revocation Lawsuit

On August31th,2012, the session of11th of the National People’s CongressStanding Committee passed the bill of amendment of civil procedure law of thePeople’s Republic of China. The paragraph3of article56symbolizes theestablishment of the system of the third party revocation lawsuit in our country. Thenew article has been confronted with some issues in the process of juridical practicewhich has caused the difficulty of application.Therefore, this paper starts with issues caused by application of the system of thethird party revocation lawsuit in judicial practice; then compares the law with that offoreign countries and other regions; analyzes the reasons from the angle of law. Basedon the judicial practice, the paper draws on the experience of the relevant legalsystem in France and Taiwan District, expanding the interpretation of thequalification of plaintiff in the third party revocation lawsuit, at the same time addingcorresponding supporting systems, in order to protect the rights of the third partybetter. Finally, this paper explores how to construct the system from the angle of howto perfect the third party revocation system.