On The Third Party Withdraw The Complaint

Revocation of a third party complaint system origins in France, only our country, France, and China’s Taiwan region and a few other countries and regions to take. Because it can provide relief afterwards for those who did not participate in the third complaint procedure, but by the appeal decision affect the effectiveness and even the damage. Therefore, although after several revisions, the law of France and Taiwan, retaining and developing a third person withdraw the complaint. Our new "Civil Law" Article 56 clearly stipulates the withdrawal of a third party complaint system, from February 2015 to explain the implementation of the Code of Civil Procedure were made to refine and improve it. Since then, new ways of withdrawal of a third person as a third-party complaint system to protect the interests of the country floor, making the operation more convenient and practical use of the system.From the study of current legislation on the withdrawal of the complaint of a third person and departure within and outside, theory with practice, understanding and application of the third person outside of the case were discussed withdrawal of the complaint. This article discusses the following five parts:Analysis of the meaning of the first part of the third party withdrawal of the complaint system, the nature, characteristics and theoretical basis. First, the basic content of third party revoked lawsuit system have a general understanding of basic research and theory on appeal by theory, the theory of resjudicata and procedural safeguards theory, we are more able to understand how the system is affected by the judgment to the detriment of the effectiveness of expansion The third person in the program to provide protection.The second part of Comparative Law from the start, were France, the third party’s withdrawal of the complaint system in Taiwan analyzed and discussed the situation in terms of legislation, the main object, term, jurisdiction, etc., one can let the reader know more about the system, two more may be apply our legislation, improve the proposed reference direction.The third part mainly discusses the status quo applies withdraw the complaint of a third person, the legislative background to start this part of the third party’s withdrawal of the complaint system, review procedures, admissibility conditions to clear our existing third party withdrawal of the complaint system. Combined analysis for the improvement of our legislation in the direction of the problems raised.The fourth part of this system is the presence of defects. The main scope is too narrow body, legislative style positioning unreasonable, withdrawal of the complaint of a third person object is not comprehensive, is not complete and other supporting measures, and to discuss their specific circumstances.The fifth part of this system is to improve the proposal. Applicable law called a real legal, stay in written, can not be considered legal. In view of the drawbacks of this system, the corresponding countermeasures and suggestions, including the expansion of the scope of the plaintiff, the establishment of special relief program to broaden the revocation of an object, complete and perfect system, etc., in order to perfect the system, it is no longer stay in the provision.