论文部分内容阅读
虚假诉讼的问题近年来充斥着民事诉讼,而且有愈演愈烈的趋势,严重损害了国家、社会和案外第三人的合法权益,浪费了有限的司法资源,对我国司法公信力亦造成严重损害。立法应当对实践问题有所回应,2012年新民事诉讼法增加了第三人撤销之诉,用于应对虚假诉讼频发的问题。当时学界对于第三人撤销之诉一片赞许,田平安教授也发出了“为第三人撤销之诉呐喊”的呼声。当时立法的出台较为仓促,规定粗陋。2015年2月4日起生效的最高院《民诉法司法解释》第十四章专门规定第三人撤销之诉。但该制度在实践运行状况不容乐观。本文通过研究法国和我国台湾地区第三人撤销之诉,对我国第三人撤销之诉存在问题进行分析,对我国第三人撤销之诉制度走向完善提供些许合理建议。
In recent years, the problem of false litigation has been flooded with civil lawsuits and has intensified. This has seriously damaged the legitimate rights and interests of the third party in the country, society and the court, hasted limited judicial resources and severely harmed the credibility of our judiciary. Legislation should respond to practical problems. In 2012, the new Civil Procedure Law added a third-person revocation lawsuit to deal with the frequent occurrence of false lawsuits. At that time, the academic circles applauded the withdrawal of the third party. Professor Tian Pingan also issued the call of “withdrawing the complaint for the third party”. At that time, the promulgation of legislation was rather hasty and the regulations were rude. The Supreme People’s Court, the Supreme People’s Court, effective February 4, 2015, Chapter XIV of the Judicial Interpretation of Civil Procedure Law specifically regulates the revocation of a third party. However, the system is not optimistic about the actual operation. This paper analyzes the existing problems of the withdrawal of the third party in China by studying the withdrawal of the third party from France and Taiwan in China, and provides some reasonable suggestions on how to improve the third party’s withdrawal from indictment system in our country.