Our Country The Third Person To Cancel The Litigation Of The Plaintiff Eligibility Question Research

The current judicial practice,infringes upon the lawful rights and interests of case outside the third person case,more and more prominent in lending,marriage,real estate,and other fields,especially in the private economy is relatively developed coastal areas is high.Some parties through collusion defaulted,concealing the real legal relationship,harm the interests of an outsider.The civil litigation system in our country,the harm the interests of an outsider problem of litigation relief system is not sound.New "civil procedure law" in the "litigation participants" chapter,added an outsider can file a lawsuit request to change or cancel the effect of the regulation of civil judgments or written orders,conciliation statement,that is established in the legislation of the third person to withdraw,this new regulation be the highlight of the civil procedure law changes and tremendous progress.However,our country's legislation while establishing the system of the third person to cancel suit,but about a third person to cancel the suit is the basic theory and explain applicable ways,still have a series of problems remain to be solved.These problems,the first is the third person to cancel the litigation of the plaintiff main body qualification problem namely who should be in accordance with the right to initiate a cancellation proceeding.The plaintiff qualification mainly involves two aspects,one is the plaintiff filed the litigant procedural requirements,the third person to cancel the scope of the plaintiff's subject;2 it is the plaintiff initiate a third person to dismiss the lawsuit substantive requirements,namely the third person which the entity which is the basis of the revocation litigation proceedings.To this problem,this paper tries to revocation litigation of the plaintiff to a third person subject qualification issues to a more comprehensive grasp,so as to the role of institutional Settings sprang out.The full text structure into four parts,the main content is as follows:The first part introduces the third person to withdraw litigation of the plaintiff eligibility overview.The author from the aspects of connotation,legislative intent and the legal basis for the analysis of the system was carried out of the third person to revoke the eligibility of the plaintiff's litigation of demonstrates the basic connotation.The second part introduced the our country the third person to cancel the litigation of the plaintiff qualification of current requirements and problems,this part mainly introduces the two aspects: one is discussed our country current law about the third person to cancel the specific provision of litigation of the plaintiff eligibility,the second is the specific case in judicial practice in China by introducing,thus further look at our country of the third person to cancel v.system problems in the aspect of plaintiff's subject qualification,to perfect our country of the third person to cancel v.problems found breach the eligibility of the plaintiff.The third part mainly discusses the France,of the third person to withdraw in Taiwan v.the plaintiff main body.This part through the analysis of the French and of the third person to withdraw in Taiwan subject of litigation plaintiff eligibility rules,other country for a third person to withdraw litigation of the plaintiff qualification of system design,through the analysis of the necessity and feasibility,enlightenment to perfect our third revocation of the litigation of the plaintiff qualification of possible paths to the our country the third person to revoke litigation of the plaintiff qualification to provide the reference.In the fourth part is in France,Taiwan related system and on the basis of theory of law of our country on the basis of the third person revocation litigation of the plaintiff main body perfect put forward their own opinions.Revocation lawsuit in our country to the third party based on the existing provisions of the eligibility of the plaintiff,with the introduction of the interests of the "v" to judge the plaintiff eligibility,appropriately expand the scope of the main body of the eligibility of the plaintiff,at the same time,the third person to revoke litigation of the plaintiff eligibility for further refinement is perfect,and the corresponding review process to construct the eligibility of the plaintiff and the plaintiff's litigation right abuse punishment system,to ensure the correct implementation of the system.