The Perfection of the Third Party Revocation Lawsuit System in China -- Analysis of the Revocation by the Third Party in Foreign Countries
The frequent appearances of fraud litigation make the necessity of the revoked suit of the third party more and more prominent. Starting from the extraterritorial provisions of the relevant countries and regions, this essay comparatively analyzes the independent revoked suit of the third party and the revoked suit of retrial third party, and comes to their same points and different points. Then combining with China's basic national conditions and legal environment, this essay reveals the legislative defects of our type choice, and puts forward specific recommendations to improve the legal system and build a sound one for the protection of the rights of a third party.
Key words: Revocation suit of the third person; Retrial appeal; Extraordinary appeal
Chang, Y. (2002). Comparison of the Civil Procedure Law.Beijing: China University of Politic Science and Law Press.
Chen, R. Z., & Lin, Q. M. (2005). Law of Civil Procedure, (5th ed.). Taiwan: San Min Book Co., Ltd.
Cui, L. L. (2011, September). Comparison of the Litigant Reason Between the Third Person Revoked and Retrial Lawsuit. Social Sciences Review, 26(9).
Gaomu, F. S. (2006). Japan Civil Procedure Law Compendium (Chen, Y. N., &Hong, D. Y, Trans.). Beijing: China University of Politic Science and Law Press.
Hu, J. H. (2009). The Procedure Construction of case of the third revocation lawsuit—taking France and Taiwan experience for reference. Political Science and Law, 1.
Hu, J. H., & Liao, Y. A. (2007). Discussion on the case of the Third Revocation Lawsuit. Political Science and Law, 1.
Huang, G. C. (2008). New development of the Civil Litigation Theory. Beijing: Peking University Press.
Jean, V., & Serge, K. S. (2001). Main idea of the French Civil Procedure Law (Luo, J.Z, Trans.), China Legal Publishing House.
Jian, Z. Y., &Zhuxia, S. F. (1995). Law of Civil Procedure (Bai, L. X, Trans.), Beijing: Law Press.
Luo, J. Z. (2008). France’s New Code of Civil Procedure.Beijing: Law Press.
Song, C. W. (2008). Civil Procedure Law. Beijing: China University of Politic Science and Law Press.
Takahashi, H. Z. (2003). Deep Analysis of the System and Theory of the Civil Procedure Law (Lin, J.F, Trans.), Beijing: Law Press.
Takahashi, H. Z. (2007). Key Notes: The Civil Procedure Law (Zhang, W. P., & Xu, K, Trans.), Beijing: Law Press.
Xiao, J. H. (2000). System Reconstruction of Third Party Without Independent Claim in China. Political and Legal Forum, 1.
Xiao, J.H., & Yang, B. (2006, July). Discussions on Retrial System Reform of the Third Revocation Lawsuit and Civil Lawsuit Theory. Yunnan Nationalities University Law Journal, 19(4).
Yasuhei Taniguchi. (2002). Program Controversy and Litigation Enlarged Edition (Wang, Y. X., & Liu, R. J, Trans.). Beijing: China University of Politic Science and Law Press.
Ye, Y. L., & Cao, L. (2007). Improvement of the Theory of the Third Person in Civil Litigation By Studying Third Party System in Hong Kong, Macao, Taiwan and China Mainland. Study & Exploration, 1.
Zhang, J. W. (2010, March). Research on Systems of The Suit of the Third Revocation Lawsuit.
Zhang, W. P. (2009, January). Lawsuit filed by an outsider. Law study, 1.
Zhang, W. P. (2011, August 31). The Third Person Cancellation Procedure. People’s Court Daily, (007).
Zhang, W. P., & Chen, G. (1997). France Introduction to the Civil Procedure Law. Beijing: China University of Politic Science and Law Press.
Zhang, Y. (2010, May). Research on The Case of the Third Revocation Lawsuit.
Zhang, Z. H. (2007, June). Discussions on The Third Revocation Lawsuit System. Xiamen University Law Review, 13.
Zhao, B. Z. (1999). The Code of Civil Procedure. Beijing: China Renmin University Press.
Zhao, J. S. (2007, December 7). Give Rights to Case of Stranger Dissent Lawsuit. People’s Court Daily.
Zhou, Y. B. (2009, January). The Case of the Third Revocation Lawsuit Procedure Positioning of The Civil Lawsuit. Catena at Law, 24(1).
- There are currently no refbacks.
How to do online submission to another Journal?
If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:
1. Register yourself in Journal B as an Author
Find the journal you want to submit to in CATEGORIES, click on “VIEW JOURNAL”, “Online Submissions”, “GO TO LOGIN” and “Edit My Profile”. Check “Author” on the “Edit Profile” page, then “Save”.
Go to “User Home”, and click on “Author” under the name of Journal B. You may start a New Submission by clicking on “CLICK HERE”.
We only use three mailboxes as follows to deal with issues about paper acceptance, payment and submission of electronic versions of our journals to databases: email@example.com; firstname.lastname@example.org; email@example.com
Copyright © Canadian Academy of Oriental and Occidental Culture
Address: 9375 Rue de Roissy Brossard, Québec, J4X 3A1, Canada
Telephone: 1-514-558 6138