The Legal Application Of The Third Party Lawsuit Withdrawn Litigation System

on August31,2012,The first twenty-eighth session of the EleventhNational People’s Congress voted to adopt a decision on amending the CivilProcedure Law.The new revised Civil Procedure Law add of some newlitigation system. The third party lawsuit withdrawn is a brand newlawsuit which nearly introduced that gives the third who did notparticipate in the proceeding. Through the system which would effectiveregulate of malicious litigation and protect the legitimate interests ofnatural and legal persons The third would safeguard the rights of theirown rights.Although in2012Civil Procedure Law established thelitigation system of the third party lawsuit withdrawn litigation systemin only one provision.For the concept of legal provisions in the thirdparty lawsuit withdrawn is rather vague resulting a big difference in thelegislation of the system in the third party lawsuit withdrawnoutside.From the pursuit of real justice and the pursuit of justice inthe form,Comparing The third party lawsuit withdrawn litigation systemin France and Taiwan and we could explore the intent of the establishmentof the system of legislative.The most Priority value of The third party lawsuit withdrawn litigation system should be correct the error of the referee in force.BothGuarantee the real justice,and expanded the ability to resolvedisputes.This can make the result a special post-relief channels betweenthe results of others which civil rights damaged to the third party toget.as an independent litigation system The third party lawsuit withdrawnlitigation system,this paper analyzes the characteristics and nature ofthe characteristic.Since The third party lawsuit withdrawn litigation system is anindependent appeal, this paper analyzes the characteristics from thepoint of view of the law subject, the law interest and the object ofcomplaints.The main complaint has focused on the distinction between theplaintiff and the defendant,as well as the eligibility conditions.Thispaper analysis the object of The third party lawsuit withdrawn litigationsystem from the provisions which involved judgment,mediation andadjudication.Why the adjudication could be involve in the object and whichkind of adjudication could be used is a problem.The provision of The thirdparty lawsuit withdrawn litigation system is too simple.This paperanalyzing the period of the appeal proceedings, the admissibility of thecourt, the filing review and trial methods as well.During the applicationprocess, we need to use the subject or special procedures, proceduresapplicable or the general?During the reviewing process of the scope,weneed to review in the form or substantive examination? We will discussedin this paper in detail.The resulting will have an impact and challengeof original judgment,adjudication,and mediation.By analyzing some of theproblems of The third party lawsuit withdrawn litigation system and thedecision effectiveness which will impact of the judgment can be expectedin the future.Currently,there are three remedy provisions to protect the rights ofthe third person of Civil Procedure of China. They are Third party in the lawsuit, the third person executed opposition system, The third partylawsuit withdrawn litigation system.Through comparing three proceduresto investigate the independent existence value of The third party lawsuitwithdrawn litigation system.As a new system, The third party lawsuit withdrawn litigation systemdoes have its value, but we need more applicable relevant judicialinterpretation that the system will bound to play a greater value.