Perfection Of The Outsiders Interests Relief Mechanism

We are at a moment pluralistic values, the decline of traditional moral risk everywhere in the society, People’s individual consciousness and awareness of rights growing, the concept of the supremacy of the rule of law becoming increasingly popular. Specific to civil proceedings judicial practice of view, what comes next is the legal relationship between the increasingly complex and diversified, the parties abuse the right to appeal, false litigation have occurred. The rights of the Third Party have been a growing number of challenges, which the rights protection mechanism put forward higher requirements. Establish a mechanism for protection of the rights of the Third Party is not only to protect the legitimate rights and interests of a third person, but also to improve the credibility of justice, maintain fair Civil Procedure. In 2012 the newly revised "Civil Law" to increase the system a civil action to protect the interests of the Third Party, the third person of revocation appeal system, showing the importance of the Third Party rights, with Third Party for retrial, the Third Party to perform together constitute our opposition proceedings of the Third Party in Civil rights protection system. Although the law makes provision for this, it was too brief such as the lack of scope clearly defined, resulting in the presence of their own lack of practical operation, and other conditions applicable to the overlapping confusion, this article tries to present the case of foreign overview of the status safeguard mechanism, analyzes the problems and the three mechanisms that exist on their legislation in judicial practice problems and compared with related systems of other countries and regions, to further improve China’s rights protection mechanism put forward reasonable proposals.In this paper:First, Third Party rights protection mechanism is built on the basis of the fair proceedings, to protect the legitimate rights of the Third Party, also completely Mediating dispute, efficiency of the proceedings, to avoid the negative impact of the expansion of the inevitable requirement of res judicator. Secondly, an overview of the status of the outsiders protection mechanism, analyzes the deficiencies of protection, mainly applicable to specified conditions is not clear, with a choice of different ways to solve the situation, leading to overlapping applicability, will cause Justice waste of resources, and the rules of the proceedings complained of various provisions are too general and operations prone to confusion. Again, introduced in France and Chinese Taiwan and Chinese Macao Civil Procedure Act relating to the case of a third person outside the protection of the rights related systems of provision, it has major implications for our Third Party rights protection mechanism. Finally, for the deficiencies in the mechanism, combined with the provisions of relevant systems abroad, to improve Third Party rights protection mechanism make recommendations to further rationalize the withdrawal of the complaint, outsider appeal and retrial opposition proceedings between the three protection mechanisms relationship, define their own rules and conditions apply, so that the three go hand in hand, run more smoothly. The last part is the focus of this paper, hoping to make reasonable suggestions on Third Party rights protection mechanism.