A Systematic Research On The Relief Of Rights Of Outsiders In China

The remedy system for the rights of outsiders refers to the system in which the third party other than the litigants in civil proceedings,whose legitimate rights and interests are affected by the effective judgment,applies to the court in accordance with the law to seek relief through judicial procedures.On the basis of the theory of right relief and procedural guarantee,China has set up the system of outsider’s relief in civil cases,such as outsider’s application for retrial,outsider’s objection lawsuit,third party’s cancellation lawsuit,etc.,forming the outsider’s right relief network in civil cases in China.Because our country on the lack of overall consideration when outsiders relief system design,each kind of relief system is only one aspect of the specific problems,on the legislation technology and long-term follow "appropriate thick cream fine" concept,this makes the relief system for the lack of effective connection between each other,the relief system present dispersion,fragmentation characteristics,the law is relatively loose,the law layer upon layer overlay,Lack of systematic construction,such as an outsider when choosing relief way,need on the basis of the main body status and the phase of litigation to determine the corresponding relief program,but as a result of three kinds of relief system exist in the structure of system of subject status,cross and overlap,which makes it hard for an outsider to pinpoint the main body status,which can also be difficult to choose the appropriate program right remedy.For example,because the specific provisions of the third party to withdraw the lawsuit are not clear,not perfect,so that the judicial practice often exists the legal dilemma;In addition,the lengthy and complicated pre-procedure of the execution of objection by an outsider also makes it difficult to start the relief procedure.These omissions in the system not only increase the difficulty in the choice of remedy for the rights of outsiders in judicial practice,but also lead to the difficulties in the operation of the court in the relief procedure,and fail to achieve the design purpose of the relief system for the rights of outsiders in the case.The positive coping strategies are: To clarify the concept of an outsider,increase the court litigation processes as a prevention strategy,refine an outsider execution objection suit is enough to rule out in the enforcement of civil rights and interests,expand the scope of the third revocation litigation of the plaintiff eligibility apply the third person to withdraw after the suit is a substitute for an outsider to apply for retrial procedure,finally realize effective protection of the rights of an outsider,To realize dual justice of entity and procedure,construct a systematic and systematic remedy system of outsider’s rights.