摘要
第三人撤销制度与案外人申请再审制度都是为了保护民事诉讼活动中虚假或恶意诉讼而受生效裁判侵害的第三人的合法权益。但他们在本质、适用主体和提起事由等方面存在诸多差异。应清晰加以区别,准确予以适用,以实现两种制度各自的立法目的。
Both the third party＇s revocation and the third party＇s applying for retrial are designed to protect the legitimate rights and interests of a third party from being infringed by legally effective judgment derived from false and malicious prosecution. However, they are not the same in the aspects of nature, applicable subject and the reasons for applying for. In order to realize respective legislation purposes of the two systems, both them should be applied accurately and differentially.
关键词
第三人撤销之诉
案外人申请再审
选择
the suit of the third partyg revocation
the third partyg applying for retrial
option
