On The Coordination Of Withdraw Of The Third Person Other Than Involved In The Case And Other Third Person’s Rights’ Remedy Proceedings

The Civil Law, which was came into effect on 1st January,2013 in China, stipulates the proceeding that the third person withdraw the complaint. Before this, our legislation periodical provides remedy measures for third person, during the proceeding stage the third person filed a separate lawsuit, the third person apply to participate in the proceedings, the third person participate in the proceedings based on the functions and powers. Between the stage of the law come into effect and been executed, the remedy proceedings which the third person can apply for mainly are parties ask for re-trial, court re-trial based on the functions and powers, procuratorial supervision and so on. During the action stage, the remedy proceedings which provided by legislation mainly are executing objections, objectionable lawsuit, procuratorial supervision and so on. The addition of the third person’s withdrawing the lawsuit enriches the system of the third person relief program,it also brings the issue of coordination among the various third relief program,especially the coordination problem between the third person’s withdrawing the lawsuit with a variety of third-party relief program.Each of the third person relief programs have their own characteristics, there is a cross and duplication relief function in the interests of the Third Party.Therefore, in the case of not overlapping, various third party relief program play different relief features various stages. In the case of overlapping of relief under the program, Legislation did not order a variety of third party proceedings relief provisions, in reality, the operation is also in chaos. Therefore, The third person withdraw the complaint should coordinate with all kinds of remedy proceedings, then it can bring itself into play.