关键词: 诉讼利益, 案外人申请再审, 第三人撤销之诉, 程序选择权, 法律位阶

Abstract: In order to protect the litigation interests of the third party, China's law and related judicial interpretation have stipulated "outsiders applying for retrial" and "third party revocation". The differences in the nature of the system, the qualified subject and the applicable conditions indicate that it is difficult for the two to alternate each other. In the future, there will still be a coexistence of the "third party revocation" and "outsiders applying for retrial" in civil litigation in China. The flaws existing at the institutional level are obstacles to the effective convergence of the two systems. There also exist weakness in the aspects of legislative system, system design, procedures and so on, and the "third party revocation" should be set up in parallel with the system of "outsiders applying for retrial ", giving the outsiders procedural options and guaranteeing the exercise of the party autonomy so as to compensate for the defects in the legal hierarchy of "outsiders applying for retrial", and to effectively reconcile the hierarchy conflicts among the systems. In this way, the two systems can be bridged in China.

Key words: procedure interest, outsiders applying for retrial, third party revocation, procedural option, legal hierarchy