| China’s 2012 revised "Civil Procedure Law" to the independent "withdraw of the third person" mode gives third personnel after the procedure relief. In February 4, 2015 the introduction of "the Supreme People’s Court on the application of" people’s Republic of China Civil Procedure Law > explanation "to make the system more detailed specifications. This article embarks from the typical case, analysis of the nature and characteristics of withdraw of the third person, and the withdraw of the third person’s value is expounded from aspects of procedural safeguard and protect the interests of. Combined with the analysis of typical cases, this paper comprehensively explains the connection and difference between the withdraw of the third person and the execution objection and outsider retrial application system in a comprehensive interpretation of the new civil procedure law, based on the judicial interpretation of the proposed three kinds of system should be how to link specific recommendations applicable in judicial practice, there is to solve the three applicable system in judicial practice confusion. Aiming at the shortage of our current withdraw of the third person also proposed the establishment of the litigation system to inform, a clear legal status, the revocation of the legal consequences and the relief methods to concrete suggestions. |