The Standing Of Third Party Opposition Proceeding

In August 2012,the newly revised the civil procedure law of the People's Republic of China established under paragraph 3 of article 56 third revocation lawsuit system in our country,mainly in order to regulate false action,malicious litigation case in Civil Rights Act.In the third person to participate in the litigation system in China is not a clear tone,lawmakers will still be a third person to cancel lawsuit system in terms of the third person to participate in litigation system,the scope of the eligibility of the plaintiff is defined as“the third person”in the preceding two paragraphs,which has an independent right of claim to a third party with no independent right to a third party claim,such a system location arrangement and highly generalization,language makes the third party to cancel the eligibility of the plaintiff's litigation of the plight of decision logic and its application.Is based on the analysis of legal science of the mainstream view is that the third person to cancel v.the eligibility of the plaintiff.In such a background,this article is based on the position of the judicial policy and the theory of objective interpretation,then in the full scope of the third person to cancel the proceeding the eligibility of the plaintiff of dilemma,on the basis of the legitimacy foundation of the eligibility of the plaintiff range and combining the theory of the interests of the“v”typed on the case analysis.At the same time,adopt the mode of aggravating prosecution conditions limit the third person to withdraw the eligibility of the plaintiff's litigation of extended arbitrarily,maximum limit to prevent the abuse of litigation behavior in practice.