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当前我国的民事诉讼法主要是围绕当事人的权利义务展开的,无论是在实体法上还是程序法上,当事人是法律研究的重点和关键。然而,与当事人有直接利益关系的第三人权利,我国民事相关法律涉及较少。2012年新颁布的《民事诉讼法》,正式从法律制度上确立了第三人撤销之诉制度。虽新出台的民诉法进一步完善了第三人权利救济的制度,但是新民诉法关于第三人撤销之诉规定的条文简单、内容不全面,尽管有出台民诉法的司法解释,但新设程序概念混淆,规定不完善,导致在司法实践中出现了诸多问题需要解决。民事诉讼中既要重点关注当事人权利义务和程序合法正当,也不能忽视第三人的利益。因而对第三人利益保护制度进行研究具有非常现实的意义。
At present, the civil procedural law of our country mainly focuses on the parties’ rights and obligations. Whether the substantive law or the procedural law, the parties are the focus and key of legal research. However, the third party has a direct interest relationship with the parties, and the civil related laws in our country involve less. The newly promulgated “Civil Procedure Law” in 2012 formally established a third party withdrawal complaint system from the legal system. Although the newly introduced Civil Procedure Law further perfected the system of third party rights relief, the provisions of the New Civil Procedure Law on the third party revocation are simple and the content is not comprehensive. Despite the judicial interpretation of Civil Procedure Law, the new The concept of procedural confusion, the provisions are not perfect, resulting in a lot of problems in the judicial practice need to be resolved. In civil litigation, it is necessary to pay attention to the rights and obligations of the parties concerned and the procedure is legal and proper, and the interests of the third party can not be neglected. Therefore, the study on the protection of the third party’s interests has a very realistic meaning.