一、第三人撤销之诉的概念、性质、目的(一)第三人撤销之诉的概念2012年修改后的《民事诉讼法》第56条第3款规定:“前两款规定的第三人(即有独立请求权和无独立请求权第三人),因不能归责于本人的事由未参加诉讼,但有证据证明发生法律效力的判决、裁定、调解书的部分或者全部内容错误,损害其民事权益的,可以自知道或者应当知道其民事权益受到损害之日起六个月内,向作出该判决、裁定、调解书的人民法院提起诉讼。人民法院经审理,诉讼 I. The Concept, Nature and Purpose of the Third Party’s Withdrawal of a Conviction (I) Concept of a Third Party’s Withdrawal of a Conviction Article 56, paragraph 3, of the Civil Procedure Law amended in 2012 stipulates that: ”The provisions of the preceding two paragraphs The third party (that is, the third party who has the independent claim and the independent claim) has not participated in the litigation because he can not be blamed on himself, but there is evidence that some or all of the verdict, ruling and conciliation of the legal effect occurred Mistake or damage their civil rights and interests, they may institute legal proceedings in the people’s court that made the judgment, ruling and mediation within six months as of the date when they knew or should have known that their civil rights and interests were harmed.