On the Recognition of Eligible Plaintiffs for Third-Party Avoidance Claims in China
DOI:
https://doi.org/10.71204/wgf4sr93Keywords:
Third-Party Avoidance Claims, Competent Plaintiffs, ShamAbstract
This article focuses on the identification of qualified plaintiffs in China's third-party avoidance system. On the basis of combing the Civil Procedure Law and relevant judicial interpretations of the third-party avoidance of qualified plaintiffs, the article reveals the main problems in the legislation and judicial practice, such as irrational legislative structure, the scope of qualified plaintiffs is too narrow and vaguely defined, etc., which have led to inconsistencies in the judicial application and litigation abuse phenomenon. In view of these problems, the article puts forward specific improvement paths: it is suggested to position the third-party avoidance action as an independent special relief procedure, in order to protect the outsiders who are victimized by false lawsuits in a wider scope; to clarify the scope of the eligible plaintiffs, to ensure that only the eligible third parties can initiate the procedure; at the same time, to construct the abuse of the right to litigation control mechanism, to prevent the system from being maliciously exploited, and these measures are aimed at providing strong support for the improvement of the third-party avoidance action system, in order to improve the system of third-party avoidance. These measures are aimed at providing strong support for the improvement of the third-party avoidance system, so as to better realize its legislative purpose of curbing false litigation and safeguarding the rights and interests of outsiders.
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