Research On Abating An Action Of The Third Party

The traditional way to solve the civil dispute is limited to between the parties. The mail part of dispute not only exists the parties but also involves the third person because the social is complex and variable. But the relief method of the parties prejudice the third party exists legislative loophole. Therefore,the article aims to analysis and study the right of the third party who be against the parties, under the parties litigation, and puts forward the relief system of the protection the third right's in theory, that is the system of abating an action of the third party. The text proposes the preliminary idea for the system construction abating an action of the third party through the comparative analysis of different types. It mainly relies on the legitimacy abating an action's revocation. of the third party.The article is composed of the introductin, body and the conclusion. The body is divided into four parts: The first section provides the brief overview of the concept and the function of abating an action of the third party; The second part demonstrates the legitimacy of it based on the disposition and the expansion of the judge effectiveness; The third part proposes the type of abating an action of the third party, which the China should establish through the comparative analysis way. The fourth part proposes the preliminary idea that how to build the system of abating an action of the third party through the program design of it in practice. Throughout this article, I try to explain the reasonable and necessary of abating an action of the third party and hope it can play an active role in the physical settings in future.