【摘要】 2012《民事诉讼法》第56条增加第3款规定了第三人撤销之诉制度,旨在遏制虚假诉讼,保护第三人合法权益,但是该制度自设立以来,由于自身规定并不完善,导致在司法实践中的适用存在很多问题。第三人撤销之诉的提起是为了改变或撤销本诉作出的生效的判决、裁定、调解书,所以第三人撤销之诉与本诉之间具有千丝万缕的联系。本文将从第三人撤销之诉与本诉的关系着手,在明确第三人撤销之诉的性质及功能定位的基础上探索其与本诉之间的一致性与冲突性,通过完善第三人撤销之诉制度来消减两诉之间的冲突,进而达到增强第三人撤销之诉适用性的目的。更多还原

【Abstract】 In 2012, article 56 of the new Civil Procedural Law has added the third paragraph regulating withdrawal system of the third person. It aims to contain false lawsuit and protect the legitimate rights and interests of the third person. But since the system was set, lots of problems in judicial practice have emerged because of imperfection in this system. The withdrawal system of the third person is to change or cancel the effective judgment, ruling, conciliation statements, so it has connections with the former lawsuit. In this article, from the relationship between these two kinds of lawsuits, on the basis of the nature and functional orientation of withdrawal of the third person, the authors explore their consistent and conflict. Through the completion of withdrawal system of the third person to decrease the conflict, the aim of strengthening its applicability can be achieved.更多还原