An Empirical Study On The Legal Problem Of The Third Person Withdrew The Lawsuit

In recent years,with the rapid development of economy in our country,the malicious lawsuit means such as false action,impersonate lawsuit in the judicial practice,seriously infringed upon the legitimate rights and interests of a third person,also to the judicial authority of the impact,therefore,contain false litigation has become an important topic.Based on this background,our country in 2012 to modify "civil procedural law" the introduction of the third person to withdraw the lawsuit system,"the civil procedure law" in paragraph 3 of article 56: "the third person specified in the preceding paragraph,because of the reason for not attributable to himself not to participate in litigation,but there is evidence that legally effective judgments or written orders,conciliation statements part or all of the contents of the error and harm the civil rights and interests,since he knows or should know their six months from the date of the civil rights and interests are harmed,to make the judgments or written orders,conciliation statements of a people's court,the people's court,the claims,shall change or cancel the original judgment or ruling,the conciliation statement;If the claim is not established,the claim shall be dismissed.At this point,in addition to the case of an outsider applying for the retrial system and the case of an outsider to implement the objection,the third relief procedure for the third party is officially introduced,namely,the third party the lawsuit.The system for regulating the false action,protecting the legal rights and interests of a third person has the vital significance,but the civil procedure law only made the very principle of regulation,the inconvenience to the court's judicial practice,therefore,in 2015 the supreme people's court promulgated by the supreme people's court about apply " the civil procedure law of the People's Republic of China the interpretation and respectively from prosecution conditions,the effect of trial procedure,the referee form,law and the system with an outsider to apply for retrial system,an outsider execution objection proceeding rules on cohesion and so on the elaboration,has important guiding significance for practice.Of the third person to cancel once set up,has caused great controversy in academic circles,the theoretical circle against a third person to cancel the suit have set up the necessity,the nature of the legislative purpose,orientation,system thinkingand compared to outside the third person to dismiss the suit and carried out extensive research.Mainly include the China legal system publishing house published in 2015 written by professor case outside of the third person to cancel v.research professor,application note of "the third person to dismiss the suit system composition and application",licensing of lawsuit system of the theory of "the third person to cancel" and so on.Followed by a large number of such cases in the court,the author in "the third person to cancel v." as keywords web search in China,the written judgment,since the new law enacted in 2012,is related to the case into the court,after every year growth,especially in 2015.The type of dispute dispute is mainly the creditor's right,although the other is involved,but the proportion is not big.Because the academics on judicial practice how to apply the research of this system is relatively less,so a large number of cases a lack of theoretical guidance,thus exposed many problems in practice.This article adopts the method of the empirical study,through the introduction of the typical case is analyzed to find the third person in the court of the problems existing in the judicial practice in our country,followed by the research of the third person to withdraw the components of the suit and the concrete in the judicial practice how to use,the problems existing in the use of and so on,finally puts forward relevant Suggestions on how to solve these problems.The text consists of four chapters.The following is a brief introduction to the text.The first part of the article cited the typical cases,summed up the focus of dispute case,through the court in the first instance and second instance in different processing results of the third person to cancel on the problems existing in the judicial practice,and these problems for typing.The second part of the article is theory to the third person to cancel v.existence of each element of the different theories and views on the system,this paper mainly from the third person to cancel legislative purpose,the eligibility of the plaintiff,the object,the causal relationship between elements and so on four aspects are analyzed.Article third part mainly wrote the third person to cancel v in the practice of the problems existing in the operation,such as the main body of the plaintiff eligibility questions,in the false litigation,regulation and has legally effective conciliationstatement as the third person to cancel suit is one of the object,how to apply the provisions of article 300 of the civil procedure law judicial interpretation,the last is the third person to cancel the causal relationship of the elements in the practical problems existing in the running.The fourth part of the article analyzes the related issues raised in the third part and makes some Suggestions.How to define the scope of the plaintiff,prevent the third party from abusing the right of appeal,strictly punish the false lawsuit,how to withdraw the conciliation statement,and the proof standard of the causality in judicial practice.