The Standing Of Third Party Opposition Proceeding

In order to make the case outside the third person to come into force in theirlegitimate rights and interests by the referee after get better benefits, our country newrevision of the civil procedure law Article56of the lawsuit system of the third personto withdraw, as the third party system, the third person’s appeal or an outsider to applyfor retrial, powerful supplement of the third person legitimate rights and interestsrelief system. Because of its simple provisions formulated, especially for range caninitiate a third person to dismiss the lawsuit the plaintiff is only limited to "thirdperson" in the preceding two paragraphs, the lack of clear rules, so in the process ofapply operability is not strong, difficult to play the system expected value. To the thirdperson to cancel lawsuit system better to carry out the relevant judicial practice, thisarticle to a third person subject qualification for the filing of a lawsuit system, theperfection of legislation in China is dedicated to provide you with their own shallowview.In addition to the introduction and epilogue, the text is divided into four parts inthis paper, a total of more than45000words, the main contents are as follows:The first part of the third party plaintiff revoke eligibility defined. First of all, theauthor in France and Taiwan for reference about the third person to withdrawlitigation legislation and theory of defining the meaning of the third person revocationlitigation in our country, in order to improve the shortage of the related provisions inlegislation in our country. Second, in France and Taiwan for reference of the existingtheory, the meaning of the third person to revoke litigation plaintiff eligibility todefine, and can stick to the subject, the third person to revoke litigation plaintiffeligibility. Finally, from the requirement of civil lawsuit main body, the generalrequirements for the litigation rights ability, specific to a third person for revokinglitigation "can be attributable to have reason not to participate in litigation" can alsobe used as a general requirement; Specific requirement is to initiate the third person todismiss the lawsuit main body is limited to the parties concerned on the outside and the sentence is legally interested third person.The second part, the common elements of the third party plaintiff revoked thegeneral eligibility environments. Essential elements, commonly as an ordinarylitigation civil subject to become the first litigants litigation rights ability, otherwisethe court in accordance with the authority to review the civil main body the essentialdefects could not be legitimate grounds. A suit of the third person to cancel "becausenot to be attributable to have the reason not to participate in litigation" conditions, andthe court shall examine the case shall in the item, it may be a third person as adiscontinuance of general requirements for analysis. First of all, to "reason notattributable to himself", the author combined with our country’s system of the thirdperson on the way to the third person to participate in litigation; Second to the thirdperson whether have the obligation to participate in litigation, the third person’ssubjective cognition and channels of the third person know litigation as identified thereason for not "can be attributable to ourselves". Finally, in order to eliminate theeligibility of the plaintiff, to explain "not to participate in litigation, mainly for thethird person is essentially involved in litigation and the subjective intention of thethird person to attend the lawsuit classification analysis,The third part, specific requirements of the third person who withdraw litigationplaintiff eligibility. The third person to cancel lawsuit can initiate a third person todismiss the lawsuit main body in addition to meet the general requirements, shouldalso be limited to the effect and the third person. In Taiwan "civil procedure law"Article401about the effect of subjective scope of mainly includes the after beingsentenced to force and the legal action after the people, for the interests of parties andfollowing the popular occupies the subject matter of a person bear, litigation is bear.The author from the relativity of res judicial, subjective scope of res judicial principleis limited to suit the parties; But based on one-time dispute and save the judicialresources, expansion of subjective scope of res judicial is also in the parties outside ofthe third person. In the form of example analysis in this paper, after the legal actionafter the people, being benefit to the parties and the possession of the subject matter of a person bear, litigation is bear and other kinds of the third party cancel thelitigation of the plaintiff’s case are discussed.The fourth part, the third person to withdraw litigation plaintiff eligibility otherrelated problems. Academic circles is generally accepted that effect besides judicialinclude issues effect, reflection effect, such as supplementary effect, also the interestsof a third person outside counterproposal unspecified effects. The author through theguaranteed debt, the shareholders’ committee resolution discontinuance, marriageinvalid litigation representative cases, such as whether the third person to this kind ofsituation can bring a third person to cancel the prosecution, effectively make up forthe rely on judicial cases of the third person to determine the scope of the thirdperson to withdraw litigation plaintiff, as well as the third person to cancel lawsuitand the related theory of form a complete set of applicable provides its own shallowview.