On The Third-party Revocation Action

The system of the third party's revocation is the key content of the third party's guarantee procedure in our country.The first two drafts of the amendment to the civil procedure law in 2013 did not mention the revocation of a third party's lawsuit,and it was not included in the third amendment until the eve of the vote.The establishment of the third party's revocation litigation system is urgent,and it is hastily incorporated into the law without practical investigation and theoretical accumulation.Due to the complexity of civil legal relations,the fuzziness of the system design and the excessive pursuit of the efficiency of operation,the system is faced with practical difficulties such as the difficulty in identifying the qualified subject,the difficulty in linking up with the retrial system and the lack of prior coordination of the litigation notification system.At the same time,the lack of consideration of the actual effect of judicial operation leads to the fragmentation of theoretical exploration,which leads to the delay in the operation of the system of the third party's revocation in practice.As a legal system transplanted from abroad,the fusion period in the process of transplantation is a normal phenomenon,and the superiority of the system cannot be completely denied because of the incompatibility in a short period.The smooth operation of the system depends on the perfection of various supporting mechanisms and the refinement of relevant procedural rules.This paper introduces the case of the bulletin and expounds the basic problems of the third party's revocation litigation system.Through the review of the legislative status of the third party's revocation action and the judicial operation,this paper puts forward some Suggestions to optimize the existing system.