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2012年《民事诉讼法修正案》通过以前,学界已经存在关于第三人撤销诉讼在应然层面的理论探究和立法思考。出于首次以立法的方式将第三人撤销诉讼写入《民事诉讼法》的考虑,有必要对第三人撤销诉讼制度本身的背景语境、立法现状在实然层面作一个全面介绍。同时根据该制度在《民事诉讼法》中的体例安排,结合其属性定位和价值追求,突破我国现行再审制度的框架限制,借鉴国外关于再审制度的规定,着力探究第三人撤销诉讼制度的完善以及与案外人申请再审制度的衔接可能。
Before the passage of the amendment to the Code of Civil Procedure in 2012, the academic circles already had theoretical inquiries and legislative thoughts on the due-time withdrawal of third parties. For the first time, it is necessary to write off the third party revocation lawsuit in the “Civil Procedure Law” by means of legislation. It is necessary to make a comprehensive introduction to the current situation of the legislative system by withdrawing the background of the legal system itself. At the same time, based on the institutional arrangement of the system in the Code of Civil Procedures, combining with its property orientation and value pursuit, it breaks through the framework limits of the current retrial system in our country and draws lessons from the foreign regulations on the retrial system. As well as the possibility of joining with the outsider to apply for a retrial system.