| As the development of social relations tends to be diversified,it is increasingly difficult to deal with social disputes,and the abuse of litigation rights by the litigant also occurs frequently.The appearance of the third party cancellation action is mainly to avoid the litigant infringing on the legitimate rights and interests of the third party other than the case through false litigation.The third party action of revocation is a system of protecting third party rights and interests stipulated in legislation of our country,whose implementation needs subject of proper,its application scope is wide.For the third party revocation action,its main purpose is to ensure the normal progress of judicial procedure,effective management and control of false action,and to ensure that the legitimate rights and interests of entities are not infringed.Therefore,a comprehensive study on the action of the third party revocation can not only effectively solve the abuse of litigation rights by the subject of litigation in today’s society,but also maintain judicial justice and social order.This paper is mainly divided into six parts:The first part is the introduction,which is mainly based on the background and significance of the topic,combined with the research content of the third party revocation action at home and abroad,and on the basis of summarizing the research results,with the help of literature analysis,statistical analysis and empirical research,lays the foundation for the development of the topic.The second part is the basic theory of the action of the third party revocation.This part starts from the concept of the action of the third party revocation,and then introduces its nature,as well as the three functions of guaranteeing judicial procedure,controlling false action and guaranteeing entity rights,and discusses the foundation of the action of the third party revocation.The third part is about the problems existing in the litigation system of the third party revocation,respectively,from the narrow scope of the plaintiff,the third party revocation litigation system object is not clearly defined,the lack of relevant design support,and the damage to the legal rights of the third party in the court trial false litigation.The fourth part is analysis of cases of the prosecution of the third party revocation in our country,this part chooses three typical cases of the prosecution of the third party revocation,through introducing case content and ruling result,expounds the information about the case about application of the third party revocation.The fifth part is the improvement of the third party litigation system of revocation in our country,which,based on the result of the analysis in the last chapter,puts forward three main countermeasures to improve the scope of plaintiff’s subject,clear object scope and perfecting related supporting design.The sixth part is the conclusion,which is the summary of the full text. |
