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为防止诉讼当事人为欺诈行为或其他原因导致第三人利益受损,各国都通过不同的制度安排对此加以规制。案外第三人撤销诉讼是在考虑更为全面地保护案外人利益的基础上而设计的制度。民事诉讼法修正案的颁布之前,我国学者对该制度早有探讨。基于法律规定的抽象性,当下有必要对案外第三人撤销诉讼的主体、客体、提起事由、提起时间、管辖法院、审理方式、审判组织和判决的效力进行研究,并探讨保障其充分发挥作用的措施,为将来的法治实践奠定基础。
In order to prevent litigants from fraudulent acts or other reasons leading to the third party’s interests being damaged, all countries regulate them through different institutional arrangements. The lawsuit for the withdrawal of a third party from outside the case is designed on the basis of considering the more comprehensive protection of the interests of the outsider. Before the promulgation of the amendment of Civil Procedure Law, scholars in our country had discussed the system earlier. Based on the abstraction of the law, it is necessary to study the subject, object, cause of action, date of filing, jurisdictional court, method of trial, organization of judgment and the validity of judgments, and to discuss ways to guarantee their full function Measures to lay the foundation for the future practice of the rule of law.