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

The third person to cancel the suit is a highlights of the new civil procedure law in our country, it became an integral part of the civil procedure law. Because the third person is cancelled in the court of a new system, it is not perfect in all aspects of the regulations. The law exists hysteresis characteristics, that make the third person can not be fully cooperate with the need of judicial practice. This needs us on the basis of theoretical research, in combination with judicial practice, through the analysis to reveal the litigant system of the third person to withdraw, and further expounded in theory of the third person to find possible problems based on these issues in more depth, in the system to conduct a comprehensive analysis and interpretation.The first part is about the third person cancellation proceeding the analysis of the fundamental problems. Any a system set up some corresponding theoretical basis for support of law, the legal theory based on the tasks given by the era. Based on the effect of expansion theory and the theory of procedure guarantee, we know that to establish the importance of the third person to cancel the suit. And the establishment of the system inevitably has its unique significance, The establishment of on the withdraw of the third person has the suit to curb the abuse of litigation, makes up for the deficiency of protection of the rights and interests of a third person, as well as correct for psychological pattern too much sought after by the parties.The second part is to discuss the third person to cancel the suit has the problems existing in the present. On the legislative front, the qualitative essentially violates the basic legal theory of the civil procedure law, and the choice of legislation system principle of the mistake, and it may have lost the legitimacy of the proceedings and operability. In the aspect of judicial application, in view of the existing system of protection of the rights and interests of a third person exist loophole, the third person to withdraw the lawsuit system made up for the defects. But the third person to cancel the suit as a new system, the regulation of various aspects is coarser. Such as the main principal qualifications are not clear, the object scope of regulation is too broad, there is no specific provision in the proceedings, Judge effect is not clear and so on. Find out these problems, in order to analyzing in theory and practice problem, solve the problem.The third part as a key part of the article, and the second part expounds echo of form, this paper discusses mainly the third person cancellation suit the specific measures for perfecting the applicable. This section in view of the current legislation of the third person to cancel the suit rules the coarser the problem, specific elaboration. Through the theoretical analysis of what is the righteousness of the litigants? What is the appropriate object in the applicable scope? What the program should apply for litigation? Make the third person cancellation proceeding on specific apply more clear, was perfected. Although has a defect in the legislation. For just enacted the law can’t change immediately. So this article in view of the legislation perfect suggestion in this matter.The fourth part is also the key part of the article, it is about the third person to cancel the suit competition with other system. We all know that in building of the third person to cancel the suit there is a lot of controversy, because of this system and the procedure for trial supervision on the legal value and the function there are a lot of the same or similar. To set up a new system with an outsider of the right to apply for a retrial relief is repeated, We need a counterproposal discusses about the application for retrial of outside. And the third person to cancel the suit with an outsider execution objection suit is also of the cross. We need to distinguish between these systems, to make sure this two systems in specific order when applicable. Make these features are similar or similar system on apply efficiency and orderly.