Revocation Of The Third Party Appeal System Understanding And Application

Revocation of a third party appeal system is in the newly revised " Civil Procedure Law"Article56of the newly added system in August2012, the reason for the revocation of thecomplaint to add a third person in this modified system of the Civil Procedure Law, is acombination of French and Taiwan of China for the provision of third party appeal system andthe revocation of the current judicial practice of China’s emerging problems developed thissystem to provide a third party appeal system for the revocation of a third person reliefafterwards played a very important role.In this paper, the third party appeal system origin revoked start, through the French " NewCode of Civil Procedure," and China’s Taiwan region "Civil Law " system requirements,extending the establishment of a third party appeal the revocation of the system, and by our thirdparty appeal the revocation of the characteristics of the system, highlighting the applicable thirdparty body set up by the revocation of the appeal system should not be limited to purely " thirdperson " and should be extended to the outsider, and also distinguish the differences between theprovisions of the revocation of a third party appeal system and extraterritorial law. Secondly,through the whole of the third person to appeal the revocation of the system and the system ofsocial background background exposition, revealing the purpose of the third person of therevocation of the appeal system for relief of a third person. Again, due to the revocation of athird party appeal system is in the newly revised Civil Procedure Law stipulates that it applies tothe specific issue of withdrawal of the appeal of the third to make a detailed explanation of theapplicable third party, including the revocation of the main complaints, object, period, underthe jurisdiction of the court, and the effectiveness of the judgment, etc., whereby the third partyappeal the revocation of the applicable legal regime in the future be able to better use. Finally,the author of the complaint for revocation of a third party system and other relief system for theThird Party conducted a comprehensive comparative analysis of the advantages anddisadvantages of each relief system, as well as add a third person after the revocation of thecomplaint system, applications should be how to balance the various relief system, has reached relief for Third Party meets the protection of their rights, as well as be able to curb the abuse ofthe right.