Study On The Third Party’s Revocation Action

Since the amendment of the Civil Procedure Law in 2012,the number of claims that the third party revoked was increased,showing the diversity and complexity of the case.In practice,there are many differences in the applicability of the third person’s revocation system.Whether it is judged in the third party,or the applicable requirements of the third party’s claim,and whether the third party can refund the cancellation of the revocation The complaint should still be cognitive differences in the boundaries of retrial and other in accordance with the law.That is to say,there is a chaotic situation for the system of the third party’s revocation and the applicable to the relevant system.This fully exposes that there are still many problems in the case of a third party’s revocation of the third party.Therefore,the research on these issues is necessary,and the results of the research will inevitably help the improvement of the system of revocation of the third party in my country.This article intends to analyze and demonstrate the problems mentioned above from the perspective of three cases,and put forward their own views in order to build a complete compassion for constructing a comprehensive third party.There are three chapters in this article:Chapter 1 Introduction to the Case and the focus of related disputes.First of all,by combing several cases selected in this article,the facts of the basic cases of the selected cases,the results of the court made by the court,and the corresponding reasons for the referee are summarized.Second,The reasons for the referee to analyze and comment,and summarize the problems existing in the claim of the third party.Chapter 2 By a legal analysis of the issues of the concluding third party’s retracement.First of all,starting with the disputes caused by the revocation of the third party’s lawsuit in the theoretical and practical circles,the concept of "third party" and "outsider" is defined in combination with relevant legal provisions;Secondly,with regard to the problem of the review of the prosecution conditions of the third party’s withdrawal,the author,in combination with the relevant legal provisions,accurately grasped the prosecution conditions from three aspects: the subject of the lawsuit,the object of the lawsuit,and the cause of the lawsuit,and then solved the problems that may occur during the filing and review stage;Thirdly,regarding the determination of the qualification of the subject of the revocation of the action by the third party,the author analyzes the concept of "the third party with independent claim" and "the third party without independent claim",and discusses it with the academic point of view of the academic community,and then strictly limits its scope;Finally,in view of the trial and error application of the obligee to the withdrawal of the third party and the application for retrial by the outsider in the judicial practice,the author compares and analyzes the relevant systems,and analyzes the boundary between the two systems and how to apply them in combination with their legislative purposes and corresponding judicial interpretations.Chapter 3 Propose countermeasures for resolving issues related to third-party revocation actions.In view of the issues of the eligibility of the plaintiff’s subject,the requirements for prosecution and the blurring of the boundary between the system and the relevant systems analyzed in this article,based on the current judicial situation in China,combined with the relevant laws and their judicial interpretations,the corresponding countermeasures are proposed in a targeted manner.