Research Of The Third Withdrawn Litigation In Our Country

Revocation of a third party appeal system is China2012revised " Code of Civil Procedure," a new content, set the system to become a hot topic in legal circles. From the theoretical foundation of academia to the practical operation of the system has been more discussed, especially starting from the current civil law theory of necessity, the theoretical basis for the revocation of a third party appeal system established operability and the relationship between the various systems of other current legal context and done a lot of research and interpretation. On this basis, the horizontal and vertical two main third person for revocation of a comprehensive complaint further explore and propose sound advice. This paper is divided into five parts.The first part of the third person to define the revocation of the complaint system, from the provisions of the Act, the connotation of the elaborate system to understand the system of positioning and composition; and further withdraw the complaint against the third party system and the first trio participated litigation, the Third Party opposition litigation, retrial comparative analysis in order to better clarify the relationship between the third party appeal system and revocation of these systems, and summarize the significance of the third set of withdrawal of the complaint system.The second part is the perspective from the perspective of the theory and practice of two aspects of the revocation of the third party complaint system is analyzed from the proposed legal basis for the theory of res judicata, the parties theory perspectives; and this system functions to other systems complementary role be explained mainly demonstrated the validity of the revocation of a third party appeal system set up.The third part starting from comparative law perspective, the third person of extraterritorial legislation revoked elaborate system of appeal, mainly on France, Taiwan, China and Macao and other typical of countries and regions in the system, from the legislative system, litigation the conduct of the subject, the subject of prosecution, procedural arrangements, the legal effects analysis, and draw conclusion, provide a reference for a third person to continue to improve our system of revocation of the complaint.The fourth part of our current system of third party appeal the revocation of the analysis of the problems, especially with the Civil Procedure Law of existing theories and difficult to adapt to the system and may lead to deviations from the system design and the legislative purpose, and difficulties may arise in practice. Further explain the revocation of a third party appeal system problem.The fifth part of the sound system of a third party appeal the revocation of the suggestions from the regression theory, the legislative system is perfect, matching the relevant system and system specific use in practice, the third party appeal system proposed revocation comprehensive improvement advice.