On Third Party Withdrawal Suit

In the practice of civil litigation in China, the phenomenon of the third people’s rights and interests in the case of the infringement cases occur. In 2012, when the civil procedure law was amended in, third people were added to the provisions of the litigation, the first time in our country, the introduction of the "third person system of revocation of the action". The system draws on the similar system in Taiwan of China, France and China’s mainland. The purpose of this system is to curb the growing phenomenon of malicious litigation, and protect the legitimate rights and interests of the people. The establishment of the system of third persons is a new way to protect the rights and interests of the third party. But the revised "Civil Procedure Law" of the new procedure only a clause to express, practice in how to apply the lack of corresponding provisions, the Supreme People’s court in the formulation of the "on the application of the" the people’s Republic of China Civil Procedure Law "interpretation" (hereinafter referred to as the "new" civil procedure law interpretation ") of the system made more specific provisions. This lawsuit system in other countries and regions of the legislative precedent, the first in its civil proceedings in the establishment of the "third people put forward to cancel the decision of objection" system, China’s Taiwan region in 2007 revised its "Civil Procedure Law" with reference to the provisions of the French "third people to withdraw the proceedings", the establishment of third people in the system of revocation of the basic reference to the provisions of the Taiwan region. The author thinks that the system of the "sudden", the pre theoretical preparation for a certain lack of investigation, and the system design and the traditional civil litigation in China there is a certain conflict, which may affect the practical application. And because the establishment of the time is short, the third people to withdraw the lawsuit of the judicial case, but also to the study of the system caused difficulties. This paper tries to make a preliminary study on the system of the third persons of our country, hoping to clarify some of the more important issues, and put forward their own views on this system. This paper is divided into four parts. The first part:the theoretical basis of the third people’s withdrawal, including the concept of the third party’s lawsuit, the other countries and regions of the legislative cases and theory, this part first summarizes the concept of the third people’s revocation of the lawsuit, then introduces the legislative precedents of France and China’s Taiwan region, and briefly introduces the relevant theory of academic circles. The second part:the condition of the third party to withdraw the lawsuit, the part of the third people of the main conditions of the main conditions, procedures, conditions, the jurisdiction of the court and other aspects of the detailed analysis, at the same time with the France and Taiwan region of China. The third part:the third part of the procedure of the hearing of the case, the part from the prosecution, the review and acceptance, the proceedings, the decision and its legal effect and so on, with a view to the practical application of benefit. The fourth part:the third part of our country’s withdrawal of the lawsuit of the problem and improve the proposal, put forward third people to withdraw the complaint of the problem, analyze the reasons and put forward suggestions to improve the system.