Analysis On The Claim For Withdraw By The Third Person

The withdrawal by the third person is an important content in the newly revised civil procedure law, which endows remedial litigation to the third party whose ultimate rights are impaired because of its failure to participate in the lawsuit, and the purpose of which is to curb the false litigation common in recent years. This author analyzes a case of withdrawal by the third person to discuss the application of withdrawal thereby in the judicial practice, the problems and corresponding countermeasures, hoping to be conducive to the settlement of similar cases.This paper is divided into five parts.Part One introduces the details of the case. Zhang and Liao was a couple and got married at a registry on December 6, 1996. The two divorced on March 12, 2012 because of broken relations but did not divide the joint property within the marriage. On September 9, 2012, Wang(Liao's own brother or sister) brought a lawsuit to the court for private lending dispute and required Liao to repay loans. On October 11, 2012, the court made the civil conciliation statement and Liao voluntarily repaid the loan to W. On March 26, 2013, when Zhang and Liao divided the property, Zhang leaned that Wang and Liao applied for loan repayment agreement to the court, which has been enforced with conciliation. After leaning the information, Zhang filed the statement of claim for withdrawal by the third person to the court for three times. On December 18, 2013, the court ruled to put a record of statement of claim for withdrawal by the third person filed by Zhang.Part Two discusses the cognizance, characteristics and nature of the claim for withdrawal by the third person. This part briefly elaborates the cognizance on the claim for withdrawal by the third person, including subject requirement, object requirement, jurisdiction and period, as well as the characteristics and nature. This part makes some preliminary discussions on the contents in the claim for withdrawal by the third person through the brief analysis on cognizance, characteristics and nature of the claim for withdrawal by the third person.Part Three elaborates the trial procedures of the claim for withdrawal by the third person, including the information on the record and trial as well as the trial procedures of the case. This part brief analyzes the record and trial as well as the trial procedures and makes some preliminary discussions on the procedure issues of the claim for withdrawal by the third person.Part Four discusses the problems in the judicial practice, including lack of unified case trial standards, narrow plaintiff scope of claim for withdrawal by the third person, lack of supporting procedure provisions and lack of disciplinary measures.Part Five propose suggestions. This part offers opinions and suggestions for referencethrough the analysis on the case and in combination with theoretical knowledge.