On The Applicable Predicament And Countermeasures Of The Third Party Revocation Lawsuit System

With the rise of malicious lawsuits,the third party's applying for retrial system established in the “The interpretation of several issues concerning the application of the ‘Civil Procedure Law of People's Republic of China' trial supervision procedure” in 2008 have gradually failed to meet the needs of judicial practice.Therefore,the amendment of the Civil Procedure Law of China in 2012 added the third party revocation lawsuit system in order to protect the third party who is infringed by the effective referee.Since the establishment of the third party revocation lawsuit system,academia and judicial practice have not stopped the study of the system,the insufficiency of the system has also appeared.In the internal,because the law stipulation is not perfect,the third party revocation lawsuit system has appeared many blind spots in the application;Outside,the boundary between the third party revocation lawsuit system and the related system is blurred,and it is easy to be confused with the third party's applying for retrial system.Therefore,this article uses the comparative research method to investigate and analyze the relevant systems of the foreign countries and the relevant regulations of our country,on the basis of the concreteworkingstatus of the third party revocation lawsuit system,to explore the difficulties and causes of the third party revocation lawsuit system,in order to perfect the applicable regulation of the third party revocation lawsuit system.