Study On The Third Party Withdrawal Of The Lawsuit

The third party withdrawal of the lawsuit system is referenced from France and Taiwan area of our country and it is designed to hit false lawsuit which had damaged to the third party's rights and interests initially. The different discussions for the nature of the third party withdrawal of the lawsuit had been unfold in the theorists, but the main point is about the action of formation in procedural law and rarely discussing the nature of the procedural. The Elements of the third party withdrawal of the lawsuit is divided into three procedural requirements and three substantive requirements in current civil law and the interpretation of civil procedure law has made further provisions on indictment, examine and ruling about the third party withdrawal of the lawsuit. In the specific application process, the procedural requirements are relatively simple, but the plaintiff suitable problems of the substantive requirements are more complex, there are still confusing about the scope of the problem; it can be seen through the relevant jurisprudence that the subject of attributable to the third party still need to further clarify in the judicial application. The third party withdrawal of the lawsuit should coordinate with the third party participate in the lawsuit, retrial and execution of the objection lawsuit by an outsider, the boundary about the third party withdrawal of the lawsuit with above lawsuits is need to clear and the order to start the relevant procedures should be distinct. Both to ensure the third person can exercise the right of relief timely and avoid excessively relieving the rights of the third party are purposes to set the third party withdrawal of the lawsuit system.