On The Third Party Discharging The Judgement

Withdraw of the third originated in France, is the after relief programs havebeen effective civil adjudication damage the legitimate rights and interests of the thirdperson to provide. But because of the traditional civil litigation obvious relativityand closed the thought idea, that closed trial procedure relativity and space formingmethod guaranteed the validity, neutrality and impartiality to solve civildisputes between the parties. So now in the form of law to determine the applicationof the system of countries and regions are not many.But perplexing substantive civil legal relationship of mutual contact, to closethe relative between the parties in civil litigation legal relationship expression comesout, it is difficult to elaborate the interests of all parties. Combined with the civil andeconomic exchanges become more dense complex case of civil litigation, thethird man ruling against the interests of It is often seen., and is growing, but in somecivil litigation, litigationfraud, malicious litigationsituation intensified. Therefore, as the third person to provide relief to be imperative and feasible approach.China in2012to the civil procedure law amended, the withdraw of the third as akind of special civil procedure law system to be clearly defined. Established a kindof relief procedure after third people, but not to the system to do a moredetailed statement, how to implement the system, also not clear and related judicialexplanation. Thismakesthe reality, howto applythis system encounters serious obstacles. There is no clear guide lines, third people are eager to make use of the system tomaintain their own rights and interests of entities, and the court and the judges in await-and-see attitude, not applicable, action makes the third law suit in the civilaction, can not achieve the desired height. This is how to in our country civilproceedings how to use the system and put forward the problems. This article fromthe perspective of the Civil Procedure Law of our country kind of with draw of thethird person of the legislation and the status quo of the research on the theory of thedomain, combined with the actual way, understand and apply to our country withdrawof the third of. Removed introduction and conclusion in this paper, can be divided into four parts, the contents are as follows:The concept of the first part of the main kind of with draw of the third person issummarized,thepropertiesof third kindof lawsuit arediscussed, then thecharacteristics listed outside the with draw of the third person has, again from the angle of theory, hascarried on the analysis.The author thinks that the withdraw of the third charactersof the formation of litigation and litigation of payment, its essence lies in therealization of the rights and interests of the third person entity relief. The theoreticalbasis of outsider lawsuit can be summed up as the litigious right theory and resjudicata and subjective expansion theory. In this part, expounds andanalyzes theoretical basis the author of the French withdraw of the third--the theoryof res judicata, also to the theory of procedural protection area of our countryTaiwan illustrated.Establish the withdraw of the third system of our country, and theoriginal third system,objection, executive case third people apply for retrial systemconstitute the third people for their own rights and interests relief system.The second part focuses on the analysis of the research and legislationexploration region outside the kind of withdraw of the third person. Researchand exploration in the extraterritorial legislation kind of withdraw of the thirdperson aspect, emphatically introduces the France and China’s Taiwan region as wellas the legislative style, kind of third people in the Macao area of our country therevocation of the legislative purpose, procedures for the use of the value, functionimplementation and supporting measures of achievement.Legislation explorationand theoretical research in our study for the withdraw of the third’s, the author paysmore attention to the changes from the aspects of legislation of civil litigation in ourcountry to hold our third kind of people in relief way choice after debate and changes.The third part introduces a case by case analysis in the form of withdraw of thethirdpersonother applicable inthejudicialpracticeofourcountry’s situation. Then onthisbasis, putforward third kind of lawsuit classification point of view, and try for the typeofrealright ofrevocation, revocation of the creditor’s rights litigation types and identitybased relationship lawsuit.The fourth part way to enumerate, points out some problems existing in our country’s withdraw of the third system. And try to put forward constructivesuggestions on it. Existing in our country’s withdraw of the third problems, the authorthinks, the main problem of our country withdraw of the third system is the lawsuitmainbodystatus isnotclear, uncertain, incomplete,theway the trial measures inadequateremedy etc.. In view of the above problems, can be through the improvement ofthe subject of litigation in perfecting the relevant legislation, kind of withdraw of thethird person trial form, perfect regulations on abuse of litigious right of the withdrawofthe supervision andpunishment, theestablishment of lawsuit relief system,perfectingthe rules for kind of withdraw of the third person ruling mode and other meansofcorrection.