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非讼生效法律文书是法院作出的各种非讼争性法律文书和法院以外特定机构作出的各种非诉讼法律文书的集合。我国现行立法及相关解释虽然对撤销非讼生效法律文书有所规定,但却往往将案外人排除在申请主体以外,其撤销程序也缺乏充分对抗和再行救济途径。为给予受诈害案外人以充分救济,我国应从诉讼案件的非讼化角度出发,在区分一般非讼案件和真正诉讼案件的基础上,建立裁判变更与第三人撤销之诉相结合的欺诈性非讼生效法律文书撤销程序。
The non-litigation legal instruments are a collection of various non-litigious legal instruments made by the courts and various non-litigation legal instruments made by specific institutions outside the courts. Although China's current legislation and related explanations provide for the withdrawal of non-effective legal instruments, it often excludes outsiders from the application body, and its procedures for the cancellation of the litigation also lacks sufficient means of confrontation and redress. In order to give relief to foreigners in order to be fully relief, our country should from the perspective of non-lawsuit litigation, to distinguish between general non-litigious cases and real lawsuits on the basis of the establishment of referee changes and the third party revocation of the complaint combination of fraud Sexual non-litigation into force of legal instruments to cancel procedures.