The Study On Withdraw Of The Third Person Other Than Involved In The Case

The focus of Civil Procedure Law is always the protection of the third people’scivil rights and interests, while nowadays false lawsuit and malicious litigation and anyother means often invades the legitimate rights and interests of the third person. when thethird person rights relief mechanism can not provide effective ways for third people, theCivil Procedure Law of China decided to learn from the related legislation of France andTaiwan, adding the system of withdraw of the third person other than involved in the caseso as to provide post-procedural for the violation of the legitimate rights and interests ofthe third person. However, the modification of civil lawsuit seems too hasty, it onlyprovides one clause to regulate the system if withdraw of the third person, and the relevanttheoretical basis and the setting of program are not very perfect so that it may easily causethe confusion situation in our judicial practice of applicable law. In this case, based on thedifficulties that the withdraw of the third person other than involved in the case faced, theauthor from basic theory problems of the withdraw of the third person other than involvedin the case and gives some advice on how to perfect the withdraw of the third person otherthan involved in the case.The first part of this paper is the preface.In the preface, the author gives brieflyintroduction about the research background of China’s the withdraw of the third personother than involved in the case, that is to say,the introduction about its legislativebackground and judicial background, and briefly foreshadowing it. Based on the existingresearch background, gives a brief description of our country‘s present research status,research purposes, research contents and clears the contents of this essay.The second part is the basic theoretical issues of the withdraw of the third personother than involved in the case. In this part, the writer has given a thorough analysis to thebasic theoretical issues of the withdraw of the third person nature, purpose of the system,function and the relationship of Res Judicata in the temporary society. On one hand, ithas located the withdraw of the third person involved in the case of our country. On theother hand, it also provides a theoretical basis for the improvement of the withdraw of thethird person involved in the case.In the third part, the author based on the issues found above, he put forward their ownideas about the withdraw of the third person program settings of our country, such asApplicable scope, mode of litigation, litigation costs, jurisdiction, the plaintiff, the case review, validity, relief way of the system, and Supporting system of the withdraw of thethird person. In order to perfect our country the withdraw of the third person programsettings.The fourth part, as far as The operation status of the withdraw of the third person isconcerned, there is a contradiction between The withdraw of the third person and the otherthird civil rights remedy procedure. To resolve the contradiction the author gavesuggestions about The relationship between and connecting the withdraw of the thirdperson system and other related systems. In order to make the withdraw of the third personinvolved in the case in the judicial practice of our country to run well.