The Research On The Plaintiff Qualification Of The Withdraw Of Third Party

In order to suppress litigant to encroach on the right of the third party by phony litigation, the institution that the third party be able to cancel the litigation was built in Law of Civil Procedure in2012. The Explanation on Law of Civil Procedure of PRC by the Supreme People’s Court which was issued in4th February2015detailed the rule that the third party be able to cancel the litigation. That no doubt played important role in protecting the right of the third party. However, the institution that the third party be able to cancel the litigation didn’t reach the expectation in practice. This paper consists of four parts, the following is the main content:The first part introduces the summary of accusers in the institution that the third party be able to cancel the litigation. This institution will be analyzed in connotation, juridical logic and discrimination of qualification of relevant part, to summarize the feature and connotation of qualified accusers.The second part is the comparative analysis of accusers in the institution that the third party be able to cancel the litigation. This part will compare the relevant rules of accusers at home and abroad by analyzing the institution that the third party be able to cancel the litigation in France, and Taiwan and Macao of China, to supply reference to affirmation of accusers in the institution that the third party be able to cancel the litigation in mainland.The third part introduces the current rules and problems of the affirmation of accusers in the institution that the third party be able to cancel the litigation in mainland. This part presents the problems of the institution that the third party be able to cancel the litigation in Law of Civil Procedure.The fourth part is to rethink the scope of qualified accusers in the institution that the third party be able to cancel the litigation, on base of comparing and mirroring relevant rules in France and Taiwan of China.