第三人撤销之诉中“第三人”的定位

On the Ascertainment of the “Third Party”in the Third Party Revocation Lawsuit

我国第三人撤销之诉的适用空间极为有限。为了发挥其遏制恶意诉讼、虚假诉讼的制度功用,只能对"第三人"进行宽泛解释,将其扩张为"事实利害关系"第三人,这事实上是第三人的异化,并可能造成我国第三人撤销之诉的一系列制度困境。而化解这一困境,就必须从程序保障的基点出发,将第三人限定在受到裁判既判力扩张的第三人范围内。

The applicable scope of the third party revocation lawsuit is considerably limited in China. In order to make it play a role in restraining the malicious and fictitious lawsuits, the ＂third party＂ can only be interpreted generally, and extended as the third party with ＂the factual interest＂. This is a practical alienation of the third party, and may even result in a series of institutional difficulties for the third party revocation lawsuit in China. In order to overcome these difficulties, it is necessary to follow the basic points of procedural protection so as to limit the ＂third party＂ in the third party revocation lawsuits within the extent of that involved in the res judicata.