Res Judicata And Improvement Of The Withdraw Of The Third Person System

In the system of the civil procedure law, the theory of res judicata isimportant, there is a close relationship between the theory of res judicataand the withdraw of the third person action system, on the one hand, thetheory of res judicata is the basis of the withdraw of the third person,while it is the negation of res judicata and affect the validity of judicialdecision. At the same time it also support the expansion of the subjectiverange of res judicata.Because it provide relief for third people, make upfor the lack of its pre program With the method of the new civil litigationof our country changes, the establishment of the withdraw of the thirdperson, application will bring new litigation type, With the method of thenew civil litigation of our country changes, the establishment of thewithdraw of the third person, application will bring new litigation type.Consequently, it is necessary to sort out the related theory of system, inorder to understand the withdraw of the third person.This paper is divided into three chapters, besides the introductionand conclusion. The first part is the comprehensive exposition of thetheory of res judicata and the withdraw of the third person, in order to clear the connotation and the relationship between the two makes asimple analysis. The withdraw of the third person from France, Taiwan,the understanding and application of the system of our country cannot dowithout research on comparative law. The third part analysis theexpansion of the subjective range of res judicata and compare the thirdsystem, while discussed the connotation of the withdraw of the thirdperson.