A Study On The Action Of The Third Party In China

In 2012, the civil procedure law was revised in our country, the increase of the third party to withdraw;< 2015, the supreme people’s court about apply the civil procedure law of the People’s Republic of China> the explanation of \"further clarify and refine the litigant program content, the third party to withdraw promotes the improvement of the system of the third person to cancel suit.This book starts with withdrawing a lawsuit from the third party’s historical pattern, development situation and history, combines with overseas related legislation system and legislation theory. It aims at the problems of domestic at present, this system of judicial practice absorbs and learns from international’s legislative ideas and experiences, also bases on the civil litigation of our country in the system of t the third party to withdraw in legal practice and a couple of existences problems. Since then this book proposes several suggestions about the third party to withdraw after a comprehensive study. There are six parts in this book:The first part focuses on researching about the third party to withdraw background in both national and international’s situation. After that it gives a belief introduction about the purpose and idea of this research.The second part is laying the foundation for further research by using how define the third party to withdraw the lawsuit into its concepts, development history and compares with other systems.starts from jurisprudence’s point of view, focus on the right to protect, the expansion of judgment, the ability of resist malicious complaints and the credibility of the litigant withdrawing the lawsuit in a third party’s situation.The third part studies how the third party system implement foreign people. By studying and researching the system between France, Taiwan(China), Japan and Italy, it has concluded the difference and similar between China and others. Meanwhile it expounds how the influence of the foreign institution in China helps and affects the third party system in our country.The fourth part analyses the current situation of the system of the third party in our country. It goes through the litigation subject, subject, object, the effective judgment, jurisdiction and trail, and suggests more professional opinions for further improvement.The final part gives opinions to improve the third party system. By researching the five points that has mentioned before, analyzing our country’s situation and combining justice experiences and theories, this book gives several suggestions and advises about the third party to withdraw the lawsuit system.