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2012年《民事诉讼法》增加了第三人撤销之诉制度,其特征为事后的救济程序,其功能是为第三人提供充分的程序保障。第三人撤销之诉、案外人异议之诉和案外人申请再审之间均存在联系和区别。案外人异议之诉有特定的适用情况,其与第三人撤销之诉不存在重合的空间。鉴于效力程度和启动条件,第三人撤销之诉的适用应当优先于案外人申请再审。我国第三人权利保护体系的协调完善应当在事前预防上以第三人诉讼参加制度为主,在事后救济方面以第三人撤销之诉为主、以案外人执行异议之诉为特定和案外人申请再审为特殊。
The 2012 Civil Procedure Law added a system of third party revocation proceedings characterized by an ex post facto relief procedure whose function is to provide adequate procedural safeguards for third parties. The third party withdraws the appeal, the outsider objection and the outsider applies for the retrial between the existence both the connection and the difference. There is a specific application of the lawsuit against outsiders. There is no overlap between the lawsuit against the third party and the lawsuit against the third person. In view of the degree of effectiveness and starting conditions, the application of the third party’s revocation proceedings should take precedence over the case application. The coordination and perfection of the protection system of the rights of the third party in our country should be based on the system of the participation of the third party in the precautionary measures and the revocation of the third party in the relief after the accident, People apply for retrial as special.