In order to remedy the rights of the outsiders who are harmed by the effective decisions, the Civil Procedure Law was amended in 2012 to add the third-party cancellation lawsuit, but the principle provisions of the law have not clarified the relationship between it and the application for re-trial by the outsiders, and the practice of civil trial practice has led to a significant reduction in the value and function of the system. The article is introduced from an empirical case, through comparing the retrial system and the relevant provisions of the third-party cancellation claim. It aims to explore the differences between the two in procedural positioning and system concept by proposing that under the partyism litigation mode, the value function of retrial should be moved from supervision to relief. Meanwhile, in the relief-oriented litigation-type retrial mode, the rights of outsiders should be relieved through the following procedure: the integration of third-party cancellation claim and outsiders' application for retrial, the establishment of the supplementary principle of retrial, the construction of a retrial mechanism, and the establishment of a mechanism of retrial as well as a retrial. This article aims to discuss the following parts: retrials, establish the principle of retrial, construct the retrial, weaken the right of retrial, and refine the cause of initiation of proceedings.

Yanqing Fang. Complementary or Contrary: The Clarification of the Path of Relief for Outsiders' Rights. International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 2: 12-19. https://doi.org/10.25236/IJFS.2024.060203.

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