On The Third Party's Revocation

In 2012,the Civil Procedure Law of the People’s Republic of China stipulated the system of withdrawing lawsuits by the third party.The purpose of this system is to provide a way to relief the third party’s rights and interests who have not participated in the proceedings.In 2015 the introduction of the "Supreme People’s Court Interpretation on the Application of the People’s Republic of Civil Procedure Law"(later referred to as the " interpretation ")in the detailed provisions of the system,to solve many existing problems in the judicial application.This paper makes a full research on the basic theory of the withdrawing lawsuits by the third party on the legislative experience from France and China’s Taiwan region,and compared with other related systems about the third party.Then put forward some suggestions on the problems in the judicial practice,in order to play a more important role in the protection of the third party’s rights.This paper is divided into five chapters,the specific content of each chapter is as follows:The first chapter is the basic theory of the withdrawing lawsuits by the third party in our country,including the conception and character of the withdrawing lawsuits by the third party,the theory foundation of the withdrawing lawsuits by the third party,as well as the significance of the withdrawing lawsuits by the third party,namely the function of the withdrawing lawsuits by the third party.The second chapter is the comparison of the extraterritorial law of the withdrawing lawsuits by the third party.The main part is analyzing the withdrawing lawsuits by the third party of France and China’s Taiwan region,and the analysis of the two different points in the system structure,through the application of reference in order to make the withdrawing lawsuits by the third party in our country to become better.The third chapter is the constitution and application of the withdrawing lawsuits by the third party in our country.In the construction,this paper mainly discusses the proper litigant,the object,the jurisdiction of the court and the prosecution of the conditions;and in the application,this paper emphatically elaborated the trial procedure and validity of the withdrawing lawsuits by the third party.and in the analysis and connection of the withdrawing lawsuits by the third party and other relevant systems,mainly involved the relationship between the withdrawing lawsuits by the third party,the third party participation system,the outsider objection system and application for retrialsystem.By comparing these systems,we can find out how to connect them,so that these systems can play a better role in the protection of the rights of the third party.The fourth chapter is some problems in legislation and judicial practice of the withdrawing lawsuits by the third party.The problems mainly include the legislative style setting is not reasonable,the law stipulates the subject scope is too narrow,the provisions in the proceedings contain some certain omissions,and due to the lack of the corresponding punishment mechanism,leading to abuses in judicial practice.The fifth chapter is the author puts forward some suggestions according to these problems.The corresponding improvement measures are as follows: adjustment the legislative position of the withdrawing lawsuits by the third person,expand the scope of plaintiff appropriately,on the trial of the case and further standardized procedures,and formulate the corresponding mechanism,such as perfecting court notification system,and to establish the corresponding punishment mechanism.