Research On Relief System Of Third Party Rights

This article mainly discusses the remedy system of outsider rights in civil litigation in China.At present,the traditional two-party confrontation model is gradually changed in the civil litigation model,and more and more attention is paid to the protection of the legal rights of third parties in litigation,that is,outsiders.Therefore,China has gradually established a system of remedies for the rights of outsiders.According to the obvious difference of the main body of the relief procedure,the outsider is a basic concept of civil procedure law,and it is of great theoretical significance to study the relief of its rights.However,the actual situation in which the outsider ’s rights remedy mechanism actually operates is that in China’s judicial practice,the mechanism involving the outsider ’s rights remedy appears to be “stacked”,that is,excessive and unnecessary complication.And the criticism of the practical world,and the lack of corresponding theoretical articles to respond can not effectively respond in practice.Therefore,the core concerns of this article are the practical effects of the outsider ’s rights remedy mechanism,the specific situation of the conflict of law application,the analysis of the causes,the principle investigation to resolve the conflict of law application,and the attempt to reconstruct the outsider ’s rights remedy mechanism.A complete and comprehensive study and discussion of the above issues not only accurately grasps the deep crux of the conflict in the application of the law on the relief of outsiders ’rights from the academic roots,but also properly resolves the systemic difficulties in the judicial practice of relief from outsiders’ rights.Undoubtedly,it is of great practical significance to effectively promote the protection of the rights of outsiders and the realization of social justice.Focusing on the operation status,reason analysis,conflict resolution methods and principles of reconstruction of the outsider’s rights relief mechanism,and the logic of the reconstruction of the outsider’s rights relief mechanism,this article is divided into five parts to deal with the conflict of law application of outsider’s rights relief the study:In the introduction,firstly,the study significance on the conflict of law application for the relief of the rights of outsiders is expounded.Then,it summarizes the current domestic research status of conflicts of law application on the relief of the rights of non-citizens.Finally,explain the specific method of research on the topic.The second part is the introduction of cases of conflicts in the legal application of remedies for outsiders.With the help of the typical incident of "Bank X’s Third Party Revocation",we summarize the main manifestations of conflicts in the application of the law,and examine the real problems as a whole.Through the theoretical analysis and comment on the case,it shows the actual status of conflicts of law application in actual operation.Obtain a research path for further discussion on these specific conflict issues.The third part is to sort out the current situation of conflicts of law application for the relief of the rights of outsiders.Specifically,the existing relief system for outsiders’ rights presents the characteristic of "stacked bed",that is,excessive system setting and unnecessary complications.For outsiders seeking rights relief,it is characterized by the failure of rights relief.Of course,the reasons for these status quo have a long history,both innate inadequacies in legislation and acquired aspects of practical aspects such as judicial interpretation and the application of judges ’laws.The fourth part is the analysis of the causes of conflicts in the application of the remedy law for outsiders.The value of each system of outsider relief system has its independence and overlap.Specifically,our country has not established the principle of relative judgment.The system design for the relief of outsiders ’rights is to protect the lawful rights and interests of outsiders affected by the judges already judged by challenging the judgment.In response to the frequent occurrence of false lawsuits,China introduced a third-party revocation suit in 2012,which actually deepened the conflict of law application for the relief of the rights of outsiders.The fifth part is the reconstruction of the relief system of the outsider’s rights.For a long period of time since the 1990 s,the third party strictly restricted the participation of third parties in litigation.However,in order to properly resolve the essential contradiction of the relief of the rights of outsiders in this case,this judicial policy should be changed,and a third party should be actively encouraged to participate in the litigation of the original trial.Secondly,it is necessary to resolve the conflicts of law application between the retrial of the relief of the rights of outsiders,the lawsuit of revocation,and the lawsuit of execution of objections.