The Third-Party Revocation Action System: Status Quo, Theoretical Controversy and Improvement


  •  Zheni Liang    

Abstract

The third-party revocation action is a new system established in the Civil Procedure Law of the People's Republic of China of 2012. Although the academic community is quite controversial, it is undeniable that due to the increasing use of the judicial system to infringe on the rights and interests of others. For example, infringement of the lawful rights and interests of the parties or third parties through false litigation, malicious litigation, imposing litigation, etc., the third-party revocation action as a system that can effectively protect the legitimate rights and interests of third parties outside the case has great practical significance in China. Therefore, how to better understand and apply the third-party revocation system has become a problem that must be paid attention to by the current theoretical and practical circles. On the basis of introducing the system of revocation of the third party in China, the article discusses the existing problems such as the scope of the parties, the litigation procedure and the application of similar procedures.The article proposes that the third party with independent claim and the third party without independent claim should be brought into the scope of the third-party revocation action’s subject. As for the choice of the procedure, the procedure of first instance should be applied to the trial of the third-party revocation action. When a lawsuit and an application for retrial by an outsider can be applied simultaneously, the litigant can only be allowed to choose one procedure. If the litigant simultaneously initiates a lawsuit for cancellation by a third party and the outsider applies for retrial, the third-party revocation action shall be applied preferentially.



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  • Issn(Print): 1913-9047
  • Issn(Onlne): 1913-9055
  • Started: 2008
  • Frequency: quarterly

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