On The Withdraw Of The Third Party Revocation Lawsuit With Non-parties

The suit of the Third Party Revocation Lawsuit with Non-Parties in our country,which is based on the third parties to participate in litigation system,increase a way of legislation after ’a third’ and ’no third ’ in the third party subject that formed the third revocation of the lawsuit system in our country.It theoretically made a before-and-after in concert with the third party rights relief system.Nevertheless,after the promulgation of the system,it still has not a clearly positioning of litigation system in the theoretic law research and judicial practice.There are functional interactions between the objection system of Non-Parties and the system of the Application for Retrial of Non-Parties.Through the realistic analysis of the Third Party Revocation Lawsuit System with Non-Parties in our country,combined with the measures coordinated such as the notice of the authority,the first trial to evade,the right of abusing litigation and so on in order to standardize the Third Party Revocation Lawsuit can be nationwide consistently applied and avoid the disagreement.The article is divided into four parts,each part of the basic summary is as follows:The first part begins with the concept of outside Third Person to cancel the Suit,through the deconstruction of its concept;reaffirming the "third person" of the civil litigation in our country and analyzes the Right of programmatic revocation.On the basis of analyzing the nature of the action of revocation,this article discusses the system of the third party’s participation in the litigation,the outside’s execution of the objection system and the System of the applicant’s application in Retrial Procedure.The second part is the right protection of the Non-Parties third parties of extraterritorial legislation.It takes mainly French law of continental law system and law in Taiwan as the object of the Inspection,and knowing its legislative background and the judicial conditions.It also had been studied "lawsuit to participate in” and"third person" of Anglo-American law system in advance of protective measures,in order to accept other advantages to guide the lawsuit system of the third person of Non-Parties to cancel the suit better in our country.The third part has a realistic analysis of the third party revocation of the lawsuit system in our country.It included a macroscopic analysis applicable for courts、reality analysis of function and the constituent elements.It points out that the application of discharging the procedure has not a clear definition in principal part and narrow issues in the object through case analysis.The fourth part is trying to establish a case against facilities of the third partydischarging the relevant legislative proposals,including authority notification system、challenge system of the referee,and abuse of the revocation punishment system,etc.We hope these proposals will perfect the system construction on the basis of the uniform application of the third person to withdraw from the case.