The Study On The Suit Of The Withdrawal By The Third Party

As an important civil litigation system, the withdrawal of the third person hasimportant theoretical and real values. It provides convenience to the third personwhose right suffering damages. The system has been set up in France and Taiwan.Although the names of the system and the positions in the legal system are different,the purpose of the legislation is the same. That is giving the person who is lack of thelaw suit but suffering from damages because of the court decision the right ofprocedure guarantee. The justice of the result must own procedure justice. And thewithdrawal of the third person owns this important function. Therefore, after so manyyears of revision, the system can still be reserved and developed. After comparingwith the model of conducting a new lawsuit and the model of the retrial, our countryset up the system of the withdrawal of the third person in “The Civil Procedural Lawof the Peoples Republic of China on Jan1st,2013. And also, the judicial interpretationstipulates how to use this system in detail in2015. It provides support to this system.This paper intends to analyze the relative questions of this system. The writerdescribes the system in the whole protection of the third party from the topsupervision, and also describes the due subject, object procedure and the effectivenessof the trial in detail. After this, the writer proposes some suggestions on how toimprove this system. Analyzing the system of the withdrawal of the third party fullyis very helpful to deal with the relationship with the dissent action of execution andthe retrial litigation.Firstly, the writer describes the basic theories of the system from the wholesupervision. Through the description of the concept, characters and features, we canknow something elementary about this system. Then the writer analyzes the basictheories about this system, including the theory of the suit, the theory of theexpanding of the effectiveness of the judgment, and the theory of procedure guarantee.It will help us know more about the system which can help the third party to protecthis rights. Above this, through the comparison with the dissent action of executionand the retrial litigation, the writer analyzes the necessity of the system. That is, it can make up the systems which can not offer enough help to the third party. And then,prove the value of the system.Secondly, the writer describes the system in detail. For one part, analyze the duesubject and object, also analyze the procedure of the trial. After this, the writer talksabout the effectiveness of the trial. During the analysis, the writer also compares thesystem with the same systems in France and Taiwan. After comparison, the writeranalyzes the same points and differences among them. The writer also provides thequestions in the whole litigation, and the coverage of the subject. Analyzing thesystem in detail can help the system go well.At last, the writer starts from the problems of the system of the withdrawal of thethird party, and puts forward some suggestions, including the adjustment of thelegislation, expanding the coverage of the plaintiff, the improvement of the third partyand also the punishment to people who abusing the system. The writer hopes that thesystem can go well with other systems, and can do some help to the improvement ofthe system.