Study On The Suit Of The Withdrawal By The Third Party

Throughout the revision of the Civil Procedural Law of our country,make up for the absence of the protection of the civil rights and interests of the third litigant,increased the punishment of malicious parties to the litigation activities,The principle of honesty and credit also made a guide to regulate the litigants to the proceedings.With the third person to withdraw the lawsuit is established in the field of civil litigation in our country,The academic community also from the state of divergence and opposition to how to perfect the system of operation.This article is based on the civil procedure law scholars in the field of previous research results foundation,This paper further studies the practice of the third person to withdraw the lawsuit's procedure,and tries to perfect the system of the third person to withdraw the lawsuit and sue the civil action system.The full text core content is divided into five chapters:Chapter 1:Introduction.This chapter begins with a discussion on the research background of the third person to withdraw the lawsuit,and then summarizes the research purpose,the research method and the innovation.The research background is based on the research results of the scholars in the field of civil litigation,the latest regulations of the legislation and the judicial practice.The purpose of the study is based on the empirical study to improve the procedures running,The article focuses on the use of three research methods,Innovation lies in the perfect operation is based on the program itself,and then enhance the judgment of the rational.Chapter 2: Overview of the third person to withdraw the lawsuit.This chapter made a summary of basic conceptions from what is the third person to withdraw the lawsuit,and gives a brief introduction to the system of other countries and regions.The nature of the third person to withdraw the lawsuit,The independence of the third person to withdraw the lawsuit,As well as the third person to withdraw the lawsuit and the creditor to withdraw the prosecution,retrial,The outsider to implement the objection of the complaint made a more systematic discussion.Chapter 3: The legal basis and procedures of the third person to withdraw the lawsuit.Firstly,This chapter begins by talking about the legal basis of the third person to withdraw the lawsuit,Arguing the necessity of the existence of the third person to withdraw the lawsuit,This part deals with the principle of honesty and credit,the theory of Res Judicata and make up the lack of litigant.Secondly,to the third person to withdraw the lawsuit's procedure filed the necessary legal requirements on the list,Which is according to the latest judicial interpretation to the program run of the third person to withdraw the lawsuit.Chapter 4: A Practical Study of the third person to withdraw the lawsuit.This chapter takes the constituent elements of the action of the third party to withdraw the investigation,especially the "Original judgment error" and "The main body of the plaintiff",and carries on the data statistics to the 273 court judgment processing,Also found that the individual court in the trial of the third person to withdraw the case exists nonstandard phenomenon;In addition this chapter of the third person to withdraw the lawsuit "Contain false litigation" function to do the practice proof.Chapter5:The third person to withdraw the lawsuit operation.Our Chinese law have made concrete and detailed regulations on the third person to withdraw the lawsuit proceedings.In this chapter,within the scope of the legislation in practice the problems existing in the running for the third chapter,The author puts forward some suggestions on the improvement of the system,The arrangement of the procedures and the comprehensive treatment of the elements the third person withdrew the lawsuit.In addition,in the construction of the litigation system integrity level,The third person to withdraw the lawsuit and other civil lawsuit system should do a good job in matching match.Finally,in order to strengthen the judgment of the rational judge should focus on three-stage reasoning to demonstrate.