Action Of Cancellation Of The Third Party In A False Lawsuit

In recent years,the false lawsuit has been intensified,and it has destroyed the judicial order of our country.At the same time,it has also greatly damaged the legitimate rights and interests of the third people who have not participated in the proceedings.The Civil Procedure Law revised in 2012 has not only added the principle of good faith,but also increased the system of third party cancellation.Some scholars believe that the establishment of the system is to remedy the legitimate rights and interests of the third party infringed by false civil action,that is,"false litigation countermeasures".The withdraw of the third person is closely related to the false lawsuit,this article attempts to false civil litigation,combined with the referee network in false litigation case filed by reason of the withdraw of the third person situation analysis,based on the features of summary of such cases,analyze the existing problems of the application,and put forward countermeasures.As the "new thing" transplanted from abroad in the legal system of our country,the system of the third party’s cancellation suit has many problems in the course of its application.For example,as a relief means,application of overlap between it and other means of relief,then how and other relief means of cooperation and coordination,so as to achieve the best effect of relief,still need continuous exploration in practice and system improvement.Because of the particularity of the former complaint,the third party’s action against the false lawsuit also has the characteristics and problems different from the ordinary cancellation.Especially after the establishment of "false lawsuit",the academic research on false litigation has entered a new stage.What kind of behavior would constitute a false lawsuit,different definitions have directly affect the processing of false litigation in civil litigation;the withdraw of the third person false lawsuit filed,the court finds that false litigation,and the transfer may be related to the crime clues,there is a convergence of civil procedure and criminal the problem of program.In this sense,there are also new research directions and horizons in the "third party" cancellation proceedings in the false lawsuit.In the case of the relief of the third party relief,the right of outsiders is itself a regulation of false litigation.How to better perfect the "third person" cancellation action,especially the third party action involving false lawsuit,is of great significance for striking and preventing false lawsuit and maintaining judicial justice and authority.