A Study On The Legal Issues Of The Withdraw Of The Third Person

In order to better protect the legitimate rights and interests of the third party from the case of the original party between the verdict,ruling or mediation of the unlawful infringement,the latest revision of the "Civil Procedure Law" increase The Withdraw of The Third Person in the third party.With the introduction of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China(hereinafter referred to as the "Interpretation of the Civil Procedure Law"),ended the application of the new system only in accordance with a law in the past three years.As a special ex post relief procedure,the new system has a clear boundary for other third-party relief procedures,such as the retrial procedure,the outsider's execution of the objection,but at the same time,all of these which have their own division have made the whole system of protection procedures for outsiders.However,in practice,because the system itself has the property of action of formation,resulting its application is very difficult,the court needs to find a balance between protect the legitimate rights and interests of the third party outside the defendant and the maintenance of the res judicata of effective referee and the judicial credibility.So that the system can not only better protect the legitimate rights and interests of the third party,but also highlight the judicial justice and credibility of the tool from another side.At the same time,although the "Civil Procedure Law Interpretation" of the provisions of the procedure has been detailed,but there are still many problems in the application.Based on the theoretical basis of the existence of the system and the legislation and practical experience of the system,this paper points out the specific problems of the system and puts forward the corresponding suggestions in order to perfect the project.The specific content of the system.This article is divided into four parts:The first part is a summary of the third party on the withdrawal of the third party,starting from the basic theory of the system,combined with France and China Taiwan region of the relevant research content of the system,a comprehensive introduction to its analysis of the system nature and characteristics,at the same time,existence of the purpose and significance of the system from the legislative and practical point of view.The second part is the compare between the third party to revoke the system and other cases of outsiders protection procedures.This section focuses on the current channels of protection of the third party in China,and the convergence and distinction between the system and the retrial procedure and the execution of the objection.The third part analyzes the specific problems encountered in the judicial practice,including the cause of action,the evidence examination,the subject qualification of the litigation,the litigation request of the parties and the scope of the hearing of the court,the way of closing the case and litigation costs and other aspects of the existing problems.In the fourth part,be directed the issues identified in the third part,proposing the relevant proposals,including legislative proposals and judicial practice.