The Dissents to the Opposition Procedure of Third Party
Zhu Jing-ao;School of Politics and Law of Guangdong University of Technology;
The Civil Procedure Law stipulates that a third party fails to participate a litigation due to the reasons that cannot be attributed to himself,but the content in the legally binding judgement,ruling or statement of intermediation harms his civil rights,he may bring a lawsuit to the court. If the litigation claims are tenable,the court shall alter or revoke the judgement,ruling or statement of intermediation. This regulation is far-reaching to fight against malicious actions and implement the principle of good faith,but there are many mistakes and omissions at the same time. The plaintiff should include person not involved in the case besides the third party. The object of the action should not include the original ruling,but should include legal documents such as arbitration award and others are made by institutes other than the people's court. When the third party's claims are tenable and the original legal instrument is altered or revoke partly,the court should judge the original and present litigation in combination and make one new judgment instead of keeping the original and the present judgments simultaneously effective.
【CateGory Index】： D925.1