The Study On The Improvement Of The Judgment System By The Third Party

The judgment system by the third party is a kind of continental civil litigation system that having an important theoretical value and practical significance. It is a system that gives third person with procedural benefits and protects their entity interests which affected by the effective referee and not participate in the proceedings without own reasons. France and Taiwan of China was well established the suit of the withdrawal by the third party system. Although they differ in the mode selection and specific provisions, the purpose of the suit of the withdrawal by the third party system is the same. The purpose is to give the third person the right to procedural safeguards, and provide opportunities to argue their litigation attack in order to protect their rights. In January 1, 2013, The Civil Procedure Law of the People’s Republic of China (hereinafter referred to as The Civil Procedure Law) was formally implemented, and the system was stipulated in the third paragraph of Article 56.The purpose of the system is to contain the acts of false lawsuit and malicious litigation and so on which are bring by the economic development. And promote the implementation of the principle of faith in civil areas. In the February 4,2015 the Supreme Court issued the explanation of the applicable <People’s Republic of China Civil Procedure Law> (hereinafter referred to as judicial interpretation of The Civil Procedure Law). From article 292 to article 303, there are twelve articles of the judicial interpretation that detail stipulate the system. The provision provides specification level foundation of application system.This article has a foundation which is the latest provision of the suit of the withdrawal by the third party. The writer systematically describes the concept, nature, value of the system, and researches the system of the civil law countries and regions by the method of comparative analysis. The writer detail analyze many terms that are stipulated by our Civil Procedure Law, such as the range of application, procedures of acceptance review, trial judge and so on. The purpose is to summarize the shortcomings of the suit system of the withdrawal by the third party, and strive to improve the system systematically.In this paper, the structure can be divided into four parts:The first part is about the basic theory of the judgment system by the third party. The thesis makes definition about the concept of the suit system of the withdrawal by the third party, and analyzes the nature and value of the suit of the withdrawal by the third party from a macro point of view, in order to lay a foundation for later expansion.The second part is to Introduce and analyze the judgment system by the third party which is stipulated by other countries and regions. This paper analyzes the relevant provisions of the civil law countries and regions because the judgment system by the third party is a litigation that is stipulated by continental law system. France and Taiwan of China clearly stipulate this system. The author describes the legislative model, and the specific procedural requirements of these regions in detail. Although the judgment system by the third party is not detailed in detail in Germany and Japan, the system has been detailed by the substantive law and used by the judge. They reflect the difference on the legislative mode of the system. Therefore the author gives a brief description of it. After the introduction of the provisions in overseas, the thesis made a comparative study of the relevant provisions of this system, in order to sum up its enlightenment on the Chinese mainland legislation.In the third part, the thesis analyzes the Civil Procedure Law’s stipulations about the judgment system by the third party. It is divided into two levels:Interpretation of provisions and the resolve of system defect. The system is stipulate by The Civil Procedure Law and judicial interpretation of The Civil Procedure Law. The former introduces the Basic requirements of the system, and the latter makes a provision of the scope of application, the acceptance review procedures, and the connection with the relevant procedures. With the understanding of the existing system, the author gives the defect of the suit of the withdrawal by the third party.The fifth part is the perfections about the judgment system by the third party. The author learns from related legislation of other countries, and combined with our other civil procedure system, hopping to improve the suit of the withdrawal by the third party.