A Study On The Procedure Of The Third Party's Rescission

In our country,the third party is a new litigation system,which aims to provide relief for the third person who is harmed by another person's claim.In order to guarantee the smooth progress of the third party's revocation proceedings,the relevant procedural system should be provided.However,the 2012 Code of Civil Procedure has only one legal provision in the new procedure,The rules of the trial and the manner of relief are fairly simple.The system has been in practice for more than a year and is always an obstacle.In the majority of the judicial practice department of the appeal,the Supreme People's Court for the system faces problems,the introduction of judicial interpretation,but for the provisions of the system only 11 legal provisions.From the provisions of the existing law on the system in China,it is not difficult to find that the provisions concerning the revocation of the third party still have the following shortcomings:First,the provision of the conditions is still too simple,especially for what is not The lack of maneuverability,and the lack of clarity in the definition of the plaintiff,the delimitation of the civil rights and the fact that the time for the withdrawal of the third party is too short;It is too difficult to start the procedure,the current law on the litigation system of the filing requirements are too high;Third,the system of trial mode and relief is not clear,the judicial interpretation of the system in 2005 to determine the effective decision to make the ruling and Mediation of the people's court that this will inevitably damage the third party in the trial level of the rights and interests;Fourth,the abolition of the third party to withdraw the action of the lack of sanctions measures,which will be detrimental to the authority of the court and Referee repression of the maintenance.This paper focuses on the analysis of the current system of our country on the lack of the system,especially the design of the program defects,analysis of the system outside the system,especially the procedures for the operation of the provisions of China to improve the system to make some suggestions.Specifically from the withdrawal of the third party to accept the conditions of acceptance,the jurisdiction of the court,trial and relief,sanctions on the system of sanctions and other aspects of the argument to improve.