On The Revocation Of A Third Party Appeal System

The new Civil Procedure Law added the third paragraph of Article56of the "third party appeal revoked".As a new kind of legal proceedings and litigation in this revision of the creation of the Civil Procedure Law, Civil Procedure Law has aroused extensive discussion circles, so in-depth analysis of the legal meaning of the third party appeal the revocation system, reveals how the legal system better use of specific practice has become a necessity.In this paper, from the structure is divided into three parts, including preface, text and epilogue. The text is divided into five chapters, the first chapter introduction to the theory of drop the lawsuit system for the third person, mainly analyzes the third person to cancel v. applicable condition, the eligibility of subject, litigation target, the duration of the filed and the jurisdiction of the court, to better understand the system of the third person to cancel lawsuit as well as the theoretical basis of law. The second chapter is on the nature of the litigation system of our country the third person to withdraw, according to the third person to cancel v. analysis of the connotation and the theory of tong said, scholars generally think that our country of the third person to cancel v. system within the scope of v. formed. and it is a kind of application security system and relief system after the event. The third chapter is the third person to cancel the suit system and comparing the related system in our country. By studying the new third revocation lawsuit system with an outsider to apply for a retrial system in our country, the executor of the similarities and differences of an outsider objection lawsuit system, a better understanding of the third party to cancel the suit as a guarantee the legal nature of procedure and value pursuit. The fourth chapter is our country the third party to cancel the lawsuit system and the countries and regions outside of the comparison of the third person revocation lawsuit system, main is an outsider to France objection proceeding, the third person revocation lawsuit system in Taiwan and Macao regions of the third person to withdraw the similarities and differences among lawsuit system analysis, in order to more comprehensive understanding of the realistic requirement of the third person revocation lawsuit system and the necessity of to set up the system of the civil procedure law in our country. The fifth chapter is the third person to cancel lawsuit system in the concrete application of legal practice in our country, by the guangdong higher people’s court (2013) guangdong Supreme Court LiMin final word no.401cases as example, the comprehensive analysis of the third person to cancel v. system the concrete application in judicial practice in our country, and for the third person to cancel v. in practice the problems put forward the author’s opinion. The content of this part of not just for the third person to cancel lawsuit system in this case the problems were analyzed, and also is expected to occur in the judicial practice of the later study some of the problems, so as to provide reference in practical operation in the future legislation in our country and draw lessons from, so as to better promote the construction of the judicial system of China.