On The Third Party's Revocation

The remedial system of the third party in the field of civil procedural law mainly includes pre-relief and ex-relief.At present,China has made corresponding arrangements for the third party’s prior relief,but the legislation of the ex post facto relief system is relatively weak.Based on the purpose of providing a more comprehensive relief for the legitimate rights and interests of the third party,China has amended the "Civil Procedure Law" in 2012 to set up a system of revocation of the third party.And then issued in 2015,"the Supreme People’s Court on the application of the" Civil Procedure Law of the People’s Republic of China’s judicial interpretation ",to explain its specific operational procedures.In the practice of the system in the course of the operation has achieved some success,but there are some problems.Based on the basic principles of the legal basis of the system,the subject of the subject,the object of the qualifying object,through the analysis of the typical case,the author expounds the judge of the practice in the field of practice,the identification of the claimant and the curative action And other aspects of the existence of differences.By analyzing the historical background of the development of the system of revocation of the third party and the new development of the system,the paper analyzes the shortcomings of the system and the problems encountered in the operation from the legislative and judicial practice.Realistic dilemma.Based on the above analysis,the author draws up the reconstruction of the qualification procedure of the third party to revoke the vetting of the third party,regulates the abuse of the right of action,and introduces the relevant system such as the system of notice of authority and the system of multiple dispute resolution.Three revocation of the proposed action to improve the corresponding recommendations.