| 英文摘要 |
The third-party out of the lawsuit refers to the subject that has interest with the case and who will bear negative effect of the judgment of the case. This concept covers “the third-party” stipulated in article 56 of the Civil Procedure Law of mainland China. Based on the requirement of the family litigation for identity relationship of unity, the family litigation should be expanded to res judicata people outside the party, the third-party shall be appropriate for a specific case of procedure guarantee, so that the verdict has legitimacy. There are several afterwards guarantee to the third-party out of the lawsuit in mainland China. However, these paths overlap with each other and bring difficulties to practical application, while the prior guarantee is not sufficient. We can learn from other countries and regions. After smoothing out the afterwards relief measures of the third-party out of the lawsuit in the Chinese mainland, combining with the prior guarantee to set up the stereo program guarantee mode of the third-party in the family litigation. |
