중국 개정민사소송법상 제3자 취소소송에 대한 고찰

In China, the case that both parties initiate false litigation to harm the party’s interests happened very often. And the China’s court emphasize to settle the disputes by mediation, it also happens a lot that parties abuse the right to infringement of a third party. To protect the third party, in 2012 China through amendment the Civil Procedure Law to establish third party revocation lawsuit system. Third party revocation lawsuit system is a system that if the third party stipulated in the preceding two paragraphs fails to participate in the litigation due to reasons that cannot be attributed to himself, but has evidence to prove that part or all of the content in the legally binding judgement, ruling or statement of intermediation is wrong, which harms his civil rights and interests, he may, within 6 months from the date he knows or ought to know that his civil rights and interests are infringed upon, bring a lawsuit to the people’s court which has rendered the judgement, ruling or statement of intermediation. If the litigation claims are tenable upon trial, the people’s court shall alter or revoke the original judgement, ruling or statement of intermediation; if the litigation claims are untenable, it shall deny them. The third party Revocation lawsuit is a peculiar civil lawsuit system that on the one hand it protect the third party’s right, but on the other hand it disregard the Res Judicata so that it harm the stability of judgment. So it is important to supplement a third party lawsuit and need to attention how the situation develops.