The Third Person To Cancel The Litigation Of The Plaintiff Eligibility Questions

In every country (region) of the civil litigation practice,are false,malicious lawsuit will happen from time to time.Especially in recent years,similar cases occur repeatedly,the interests of a third person is more and more difficult to maintain.In order to maintain the authority of the judiciary and the protection of the legitimate rights and interests of a third person,in France,Germany and Taiwan and other countries through a separate suit to set up the third person,the third party through the procedure for trial supervision of retrial,the third person to cancel v.protection to the third party.The system achieved good effect in practice.To the identity of the third person to participate in litigation,the execution objection lawsuit and through retrial procedure for trial supervision,this is our country before the new civil procedure law amendment about the relevant systems of the third person legitimate rights and interests protection,the new civil procedure law method revised added a third person to cancel lawsuit system,with respect to a case but not in the process of execution rights by the infringement,but not for their own reasons did not participate in the litigation,to such third person should be relieved on the basis of the system.The introduction of this system,it is a breakthrough in protection of the rights and interests of a third person,although 2015 civilian law explanation to the system of regulation,but want to make this system in judicial practice to run and play its value function,otherwise will be in-depth study.At this point,the first thing to solve the problem is who can become the subject of mentioned that the plaintiff qualification problem.In this article,through the comparative analysis method,in this paper,the theory and practice of the system of the plaintiff in the optimum Georgia the problem,and puts forward some solutions to this problem in order to further the perfection of the system.The first part analysis the theoretical basis,and from the interests of v.and procedural safeguards the interests of three parties in the face of the plaintiff eligibility theoretical basis for deep analysis.The second part introduces the system in France,China Taiwan and mainland China the provisions of the law,through the introduction to France and our country Taiwan area related regulations,to provide reference in the application of this system in our country.The third part is the key of the full text,expounds in academic circles and judicial practice,the third person to revoke litigation of the plaintiff eligibility problems exist some disputes and problems,and connecting with the concrete case,carries on the analysis.The fourth part is through the above of the third person to revoke the analysis of the litigation of the plaintiff eligibility,based on the lack of,from the legislation,the principle of the plaintiff eligibility to define and classify the eligibility of the plaintiff to a third person subject of analysis,put forward some effective strategies,in order to better promote the system set up and applied in practice.