The Theory Of The Third Person To Cancel The Proceeding

Third revocation of the lawsuit system is an effective legal interests are aimed at the referee adverse effects of an outsider to provide relief system. In the new revision of the civil procedure law of our country was introduced in the third person to cancel v., mainly borrowed from France and China’s Taiwan region of the third person to cancel v. similar legislative mode, content and system, but there are inevitable, it is necessary to analyze the features of the system is easy to understand and apply in practice. But in practice, the cancellation of the litigation system but there are parties for malicious prosecution and litigation fraud case, hinder the play of its relief function. So the author thinks that it is necessary for the system of relief on the capabilities and limitations are malicious applicable research. The author in this article try to combine new the legislative provisions of the civil procedure law and the Supreme Court of the civil procedure law applicable to the latest judicial interpretation of several opinions, from the third person to cancel the lawsuit system of the definition, characteristics, and legislative defects system location, analyzes the practice to apply the system to be the focus of attention, and how to distinguish between the system and other systems, and puts forward the author’s some perfect Suggestions. In this paper, from the overall frame is divided into three parts of introduction, text and epilogue body part is divided into four chapters, concrete contents are as follows:Chapter 1 of the third person to cancel v. overview, through the system’s historical origin and the definition of the third person leads to the definition of the third person to revoke the litigant analysis and understanding, to deepen the understanding of the system.Chapter 2 for the litigant system of the third person to withdraw, mainly analyzes the value orientation of legislation system, system components, system characteristics, and points out the problems such as the legislative defects of our country, for the following analysis of the system in our country the concrete applicable in practice and problem put forward the theory basis and make matting.Chapter 3 applicable practice problem analysis for the system, mainly used for positioning analysis for a foothold on the system in China, discusses the system in case review, entities cognizance, the referee results, influence and the difference with other system, in order to highlight the system in the third person interest relief on the importance and indispensability.Chapter 4 is about the plight of the analysis of the system in our country at present and some Suggestions of the author himself, hoping to further highlight of the third person to cancel v. the importance and particularity in the legislation, and introduce the relevant litigation told system and revocation lawsuit abuse punishment system, to curb the phenomenon such as malicious litigation.Although our country of the third person to cancel lawsuit system there are still some deficiencies in the design and applicable, but with the development of the progress of the society and the rule of law, the author believes that in our legal person under the joint efforts of all, the third person to cancel lawsuit system will become increasingly complete, and ultimately realize the value of fairness and justice.