案外人申请再审的冷思考---文本分析的视角

The Calm Throught of the Person not Involved in the Case in Retrial Case——In the view of the text analysis

民事程序的完备性关系到权利人寻求救济的途径,由于我国目前存在着判决生效后的效力及于当事人之外的案外人,致使有损该案外人利益或者对该案外人利益造成威胁的现象,出于对其利益的保护,有必要设置相应的制度保护案外人的合法权益。而我国目前法律规定对案外人的保护存在一定的不完善性与矛盾性,所以有必要设立独立的案外人撤销之诉。

The soundness of the civil procedure is related to the way of the rights save, because of the existence in the currently law system that adjudicates become effective, after the effectiveness affect the person not involved in the case , leaving the phenomenon occur which the interest of the person not involved in the case detrimental or the threaten of the interest of the person not involved in the case. Out of respect for their benefit protection, it is necessary to set up corresponding systems to protect the lawful rights and interests of the person not involved in the case. Our current legal provisions exist certain imperfect and contradiction, therefore, it is necessary to establish a separate procedural system for the person not invovled in the case.