农村土地承包仲裁与案外第三人撤销之诉

On the Arbitration of the Management Dispute of Rural Land Contract and the Withdrawal Procedure by the Third Party

我国农村土地承包经营领域恶意仲裁现象时有发生,不仅侵犯了案外第三人的合法权益,损害了农村基层社会的公平正义,也影响了农村土地承包经营纠纷仲裁事业的健康发展。案外第三人撤销之诉在功能定位上既能兼顾实质正义与程序正义,又能有效应对恶意诉讼与恶意仲裁。为此,我国有必要在农村土地承包经营纠纷解决机制中引入案外第三人撤销之诉,以防范恶意仲裁,保障仲裁公正,有效维护案外第三人的合法权益。

Malicious arbitration of China＇s rural land contracting management occurs frequently,not only infringe upon the legitimate fights and interests of a third person outside the case,damage to the grass-roots social fairness and justice, but also affected the healthy development of rural land contracting dispute arbitration.The function orientation of the withdrawal procedure by the third party can not only take into account both substantive justice and procedural justice, but also to effectively respond to malicious litigation and malicious arbitration.It is necessary for our country in the dispute settlement mechanism of rural land contracting to introduce the system of the withdrawal procedure by the third party,to prevent malicious arbitration and guarantee the justice of arbitration,effectively safeguard the legitimate rights and interests of the third party.