On The Plaintiff's Qualification Of The Withdraw Of The Third Party

The withdraw of the third party is an important part of the third party's post-mortem protection procedure.Its existence has its legitimacy and necessity,and give full play to its effectiveness-that is,to curb the frequent occurrence of malicious litigation,The effectiveness of the third party to provide effective,adequate after the relief.In other countries and regions of the civil-law-system,a third party has been enacted in a mature and in place to revoke the litigation system.Although the legislative basis of each legislation is different,it embodies the guarantee of the right of private right of the third party.In 2012,China's "Civil Procedure Law of the People's Republic of China"(hereinafter referred to as the "Civil Procedure Law")formally set up a withdraw of the third party to the system.As the withdraw of the third party system is still short,and the "Civil Procedure Law" on the provisions of the system is too general summary,making the system in practice there are many problems.China's third party to revoke the system of construction and improvement,the core issue is to solve the system of qualified plaintiff problem.As a result of the revocation of the third party in China's mainland by the other laws and regulations of the civil law system,and thus comparative analysis of the legislative cases,in particular,the third party in France to withdraw the litigation system and the third of Chinese Taiwan's withdrawal of the system,For our country to explore the construction of a third party to withdraw the v.To provide a valuable reference.However,the creation and improvement of any system can not be achieved overnight.Based on the analysis of the basic connotation,nature,function and legislative basis of the third party's system of revocation of the third party,this paper discusses the legitimacy and necessity of the third party's withdrawal in China.This paper summarizes the problems in the application of the third party in China,including the litigation subject chaos,the scope of application is unclear,the scope of application of the third party,Parding problems,as well as coordination between other procedures,etc.,at the same time try to give reasonable and feasible recommendations.Only to clarify the third party to cancel the prosecution system of the defendant,to clarify the scope of application of the system,and coordinate the relationship between the relevant procedures,the establishment and improvement of the system of res judicata and litigation,can really make the system to maximize The play to curb malicious action,the protection of the interests of third parties.China's third party to revoke the system is exotic,but through reasonable planning and construction,will be able to form the characteristics of China's post-security procedures,and apply for retrial system,the implementation of objection system with the organic,mature and perfect Third person afterwards security system.