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

The twenty eighth session of the Standing Committee of the Eleventh National People’s Congress adopted the amendment of the Civil Procedure on August 31,2012 by a vote. The withdraw of the third person other than involved in the case is one of the new systems in this amendment. It is undeniable that the new system has a big practical significance with the increase of infriging the civil rights by the judicial system day by day, such as False lawsuit、Malicious prosecution and so on,though there still exists controversial issues for the the third person other than involved in the case. Therefore, how to better understand and apply the system has became a problem which the theoretical and practical circles must pay attention to.In order to have a systematic analysis on the system in our country, futher put forward some improving suggestions for the withdraw of the third person other than involved in the case, this paper establishes in two main lines by overall analysis of the withdraw of the third person other than involved in the case in our country and the comparative law analysis of the extraterritorial.This article is divided into five parts:In the first part, the paper analyzes the concept, the litigation subject and object of action of the withdraw of the third person other than involved in the case in order to have a comprehensive understanding of the system.In the second part, we try to demonstration the necessity and legitimacy of the establishment, and further lead to the legal value of the system by analyzing the two aspects of theory and practice of the withdraw of the third person other than involved in the case;The third part is mainly from the perspective of comparative law on the extraterritorial,such as Fanch, Taiwan and Macao, trying to draw the current problems of the withdraw of the third person other than involved in the case in our country by comparative analysis;On the basis of drawing on the legislation of the extraterritorial, the fourth part is aimed at finding the existing problem in our country such as the main scope is too narrow, litigation period is too broad and so on, further lead to proposes some suggestions on the improvement;Based on the fourth part of the legislative recommendations, the five parts is aimed at discussing the choice of the withdraw of the third person other than involved in the case and related systemsfrom the third pople rights protection, by analysing the connection and difference oft the withdraw of the third person other than involved in the case, applying for retrial for persons other than involved in the case and Case outsiders to implement objections.