On The Withdraw Of The Third Person Other Than Involved In The Case

The System of the Withdraw of the Third Person was added in the third paragraph of Article fifty-sixth of the Civil Procedure Law published in 2012. The legislation caused a widely discussed in the theoretical circle as soon as it was introduced. With a rich connotation, the Withdraw of the Third Person has a complicated relationship with Retrial System and the objection system of outsiders’ execution. However, limited by the traditional legislation, only the principle provision was made on the system. this paper focus on a pectination about the system of the Withdraw of the Third Person as well as the comparison with relevant systems, make a summary on the the three major legal basis of the Withdraw of the Third Person: The theory of civil right of action, and the theory of procedure guarantee.Combining with the provisions of the civil procedure law and relevant judicial explanations, this paper interpreted the rich connotation of the Withdraw of the Third Person, such as the applying subject, the competent court, the conducting date and the trial procedure, etc. In order to establish a unified, perfect system of civil litigation, this paper also reconstructed the civil architecture of the Withdraw of the Third Person and clarified its difference with Retrial System and the objection system of outsiders’ execution.This paper pointed out the problems of the Withdraw of the Third Person in its application such as an undefined subject and an unsound supporting system of litigation informing. Some Suggestions on perfecting the system of the Withdraw of the Third Person were made in the end in order to provide some useful ideas to ensure the good operation of the Withdraw of the Third Person as well as to achieve the legislative targets of containing false litigation, impersonate litigation, malicious collusion.