Font Size: a A A

On The Withdraw Of The Third Party

Posted on:2015-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:X M ZhangFull Text:PDF
GTID:2266330428496481Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil judgment has its legal validity of binding, determinism, adjudgement andexecution. According to traditional theory, the legally binding considers it is only fitfor the clients, which is called the judgment’s principle of relativity. As socioeconomydevelops, the legal relation between civil subjects becomes more and morecomplicated and close to each other, sticking to judgment’s principle of relativity maycause conflicts between substantive legal relationships, even more, it may influencethe realizing of procedural fairness and justice, so, the subjective scope of judgment’sprinciple make some appropriate expansion to the third party is good forsocioeconomy development, and it’s also propitious to saving judicial costs, which isfit for solving the dispute one-for-all principle. As civil judgment’s principle ofrelativity is being breakthrough, the legally effective judgment itself has its certaincollateral effect and probative force. On the other hand, as the client’s right is highlyattached importance today, giving respect and protect to the client’s adversary anddisposition principle is making potential problems for the interest of person other thaninvolved in the case at the same time. Since the client has quite a lot of self-reliance,it may easily cause moral risk, which may provide soil for breeding unfaithful lawsuitsuch as false statement and fraud litigation. All this leads up to setting protection forthe interest of person other than involved in the case. On solving the disputeone-for-all principle, to provide procedural relief opportunities for person other thaninvolved in the case is extremely urgent. Our2012revised civil procedure law set thewithdraw of the third party as paragraph3of article56. Lawsuit withdraws of thethird party means: the third party cannot attend the lawsuit not due to his own reasons,has proof cannot attend the lawsuit not due to his own reasons; he may make lawsuitto the relative people’s court, and request the people’s court to change or withdraw therelative parts which cause damage to his civil rights. Civil law countries and districtshave different assurance mode for the third party, during these, France’s “Thirdparty’s cancel of lawsuit objection” and Taiwan’s “Third party’s withdraw of lawsuit” is much complete. Stones from other hills may serve to polish the jade of this one, thelaw–makings of other countries and districts may be different from each other, but itmake perfect and enough space for setting protection for the procedural reliefopportunities for person other than involved in the case in civil procedure law. Ourcountry gives an independent set of the withdraw of the third party to the third party’safter-procedure relief, it considered retrial mode and other separate lawsuit mode andthen make the choice which is most suitable for the situation now. However, as a newsystem, it will not be done at one go, the rules in law of civil procedure, to make itmuch more useful and functional, we need to make it further clear between legislativearrangements, litigation subject, litigation object, domination and judgmenteffectiveness etc. The relations between third party’s withdraw of lawsuit, executionobjection and related systems is also remains to be coordinated by law, so that it willnot cause difficult position between client and the court.
Keywords/Search Tags:Judgment Effectiveness, Third Party’s Interest Protection, Retrial Procedure, Retrial Request for Person Other Than Involved in the Case, Execution Objection
PDF Full Text Request
Related items