The Third Person Revokes The Litigation Study

With the development of social progress, the legal relationship becomes more and more complex, the traditional opposition on both sides of the case have been exceeded, the third case involves an increasing number of people, third person becoming increasingly important procedural safeguards. In China, The legitimate interests of the third party on how to prevent and remedy among others due to litigation, arbitration, mediation and cause damage, the community has been an issue of concern. NPC Standing Committee in August 2012 and adopted amendments to discuss "Civil Law" the relevant decisions, this amendment is not only to many existing provisions has been modified, but also added a lot of new content. Among them, challenge the judgement by the third party is one of the iconic changes by the revision.Challenge the judgement by the third party’s research in academia later than other countries, even with the research, the results are more in journals and master’s thesis, and few specialized publishing books. The earliest of the academic research on this issue can be found by Xiao Jianhua, his article which was published in 2000 "main complaint of fraud victims to participate in the prevention function." The author of the article pointed out that, given the domestic legal system has not been established specifically to effectively protect the legitimate interests of the third party outside the case, while a third person civil action lawsuit because fraud victims and damage to the interests of the case along with the growing social and economic development, in order to give these third party interests injured provide legal aid means, we can learn from the French part of the Civil Procedure Law of China’s national conditions, to arrive at giving third party may request the right to revoke the decision of a third party as a protective legal effective remedy rights. This very appeal request means involved is the withdrawal of the complaint is the third person’s right to appeal.With this modification, challenge the judgement by the third party system officially entered the field of ours vision, and by competing research academia and the legal profession. Studies of this phase more purposeful and practical in with the law, based on either the range or depth of research studies have been further expanded. Zhang Weiping’s "China’s challenge the judgement by the third party’s apply" first of purpose and meaning of challenge the judgement by the third party, the nature and characteristics of the theoretical analysis, in this basis by France and Taiwan of China area comparative law analysis and interpretation of the challenge the judgement by the third party of plaintiff and defendant, and then the withdrawal of the appeal to the third party objects, including adjudication, mediation, interpretation ruling made, and finally issues related to the program and the referee brought, more complete outline of the overall framework of the challenge the judgement by the third party.Chao zhixiong in his article "France’s third-person study withdrawal, compared with China’s new "Civil Procedure Law’on Article 56, paragraph 3. mainly from the" Exotic "legal ability to adapt to China this soil perspective:Through the relevant legal provisions and the French in general terms the conditions of admissibility, comparative analysis of the proceedings on the challenge the judgement by means of a very appeal conferred by law. should be the same as any other means of extraordinary appeals by the "extraordinary appeals" restriction.The article written by Cui Lingling "The challenge the judgement by the third part)’" of the subject --- and retrial of the subject matter more" reflects this view:Direct fuse the injured third party interest is civil procedure closed and relativity, through the establishment of a third person in order to withdraw the complaint system protected the interests of a third party entity is imminent; And by analyzing the retrial the difference between common and perfect the system.From the theoretical sense, to withdraw the third person to study the complaint, not only summarize the results of previous research scholars, but also on the previously discussed many contradictions and vagueness of the concept of sort, with some correction effect; From a practical sense, this paper through the development process of the withdrawal of the complaint of a third person, the concept of legal analyzed according to the basic content of the law on the positioning and the implementation process may or problems have emerged, revealing first three legislative status of the complaint’s withdrawal:Secondly, the above problems can be explained by Article 292 to 103:Finally, according to the previous discussion of two aspects, the corresponding measures to improve. This in-depth understanding of our people revocation of a third party complaint system to further promote the study of the system has a positive meaning.