The Third Withdrawn Litigation

Usually, the civil procedure law is used to solve the disputes between the parties rather than the third person. However, the judgment may damage the legitimate rights and interests of a third person. This phenomenon makes us not ignore the third people’s protection of their interests. Therefor, it’s necessary to design the means to protect the third person.Give the third person the right to cancel the request judgment, is why we set out the third withdrawn litigation in the law. The third withdrawn litigation system was established in 2012, when Our country civil procedure law was revised. In order to protect the third person, we set up the system in our country. It shows that we build the good faith mechanism in our country to reduce malicious ligation and attach great importance to the protection of citizens’rights in various ways.First of all, this article start with the third withdrawn litigation’s concept so we can clear its connotation and core values. And from starting model, the legislative structure, scope of application and legislative purpose perspective we can explore the third withdrawn litigation of our country distinct characteristics different from other countries and appreciates the remarkable progress of legislation in our country. In order to better understand the value of this system, the author analyses its function of supplement, change and urge from the perspective of function. Because the third withdrawn litigation has the same functions with the third party discharging the judgment and the third party’s participation in the trial, the opposition action, the review produce, we need to make a comparative analysis of these systems to accurately apply them in practice and to maximize the function of protecting the legal rights and interests of a third person. In terms of system composition, this paper studies the comparative Macao, Taiwan, France and other legislative model and analyses how to design the system from the jurisdiction of the subject, scope, and procedures, etc. At the same time, combining with current situation of legislation of our country, this article points out that the limit of the the third withdrawn litigation and proposes the legislative suggestions.The third withdrawn litigation is a kind of effective means of relief, but would destroy the stability of the judgment. How to deal with the relationship between the two, and through the reasonable system design to achieve the balance of both is the biggest difficulty and innovation points in this paper. The author hope to make contributions to it’s perfect by analysis of the other country’s legislative situation.In particular, the author looks forward to the new system effectively promoting the judicial order to a more just and good direction.