The Study Of The Third Person To Cancel Lawsuit System

Under the atmosphere of advocating integrity, improve the judicial integrity is an effective way for the healthy development of China’s economy and society, also is the powerful tools for the specification of civil activities. With the complexity of the social activity, the legal relationship of civil procedure is complicated, the traditional civil litigation relief system has not completely adapt to the needs of the current society. In the face of increasingly serious false litigation and litigation in our country at present problem of damage to a third person legitimate rights and interests of abuse, although there are related in the civil procedure law relief system, on the contrary, France of the third person to cancel the system is used to deal with this problem. But, from now on system established, at the beginning of the academic and practical circles on the necessity of establish its different attitude. So, it is necessary for us to the new system for the establishment of the detailed research and analysis, clear the necessity of establishing this system and the independent value, and combined with the problems of this system perfect Suggestions are put forward.In this paper, we adopt the method of comparative study, through to the third person to cancel v. connotation of combing and analysis of its theoretical development, aiming at the three part of the problem put forward the proposal of the existence of revocation lawsuit system, in order to promote the perfection and development of the system. This article about the third person of the innovation of the lawsuit system is to the principle of good faith as a hidden clue throughout. Aiming at our country to establish the necessity of the third person to cancel suit, from the judge effect relativity principle, the requirement of justice and efficiency, prevent the abuse of his right to appeal, contain false action and the principle of honesty and credit of four big aspects has carried on the discussion, a better understanding of the third person to cancel v. for the significance of the judicial practice in our country.