The Construction Research Of The Third Person To Cancel Lawsuit

The main purpose of the litigation is to achieve substantive justice. Since modernsociety, with the continuous development of market economy, some people infringedon legitimate interests of the third person who is unrelated with the cases by pretendedlitigation or malicious litigation. In practice, it is quite urgent to protect the interest ofthe third person outside the case. Before the modification of Code of Civil Procedure,there is no specific provision for protection the interest of the third person outside thecase. The third paragraph of Article56of new Code of Civil Procedure of2012showsthe attention of legislature to the protection the interest of the third person outside thecase. Therefore, this article would like to arrange the system of revocation of thelitigation on the basis of previous academic studies to truly provide some help toprotect the interests of the third person outside the case.This paper consists of four chapters except introduction. The first part is outlineof the system of revocation of the litigation of the third people, including itsbackground, implication, characteristic, purpose etc. The next part is the legal basis ofsystem of revocation of the litigation of the third people. The third part is analysis ofpresent situation of the system of revocation of the litigation of the third people. Thelast part is the central chapter, which is about the construction tentative plan of thesystem of revocation of the litigation of the third people.