Study On The Third Party Lawsuit Withdrawn Litigation System

A review of the provisions of the Civil Procedure Law of China the vast majority of procedural rights are established for the parties, and the protection of the rights and interests of third people are very scarce whether it is from the legal provisions, or institutional settings.In the continental law system the third party lawsuit withdrawn litigation has important theoretical significance and practical value, it plays an important role in safeguarding the interests of the third party against the decision.Due to the lack of honesty and credit in our country, credit system is not perfect.But China’s property law stipulates the effective legal documents can become one of the causes of the change of real right, which led to a lawsuit in the credit crisis. Through mutual collusion, the parties against the interests of third party more and more.So in August 31, 2012, the Civil Procedure Law of our country established the third party to withdraw the lawsuit system through the second revision;In the judicial interpretation of February 4,2015, the third party to withdraw the lawsuit system made a more specific provisions.Before and after the establishment of the third party, whether it is in the academic or practical circles have caused a lot of controversy. There are still many problems to be solved in the practice of judicial interpretation,this paper is based on this point.From the point of view of theory and practice, discusses the nature of the third party revocation proceedings and realistic foundation.Hope to provide some reference for China to improve the third party lawsuit withdrawn litigation through the study of third human rights protection system of foreign countries and Taiwan.Through case analysis, this paper analyzes the existing problems in our country, and provides some suggestions for improvement, The system of protecting the rights and interests of the third people is analyzed by using the method of system theory,hope that can make our country’s third party lawsuit to cancel the lawsuit to better the play the founction.From the structure, in addition to the introduction and conclusion, this paper’s main content of a total of four parts:In the first part, through the research to the domestic and foreign existing views counterproposal third person action revoked the meaning of litigation put forward their own point of view, and a clear definition of the nature.And this paper expounds the re- realistic basis of the existence of the third party lawsuit withdrawn litigation in our country,it mainly is the spread of the bad faith litigation, as well as the lack of the System of Civil Res Judic in our country.The second part is the extraterritorial legislation research,through comparing the legislation of France and Taiwan, so as to better establishment conforms to our country national condition the third personnel after rights relief system.The third part is the analysis of China’s new interpretation of the civil procedure law, mainly discusses the specific improvement of civil litigation in 2012. Including the improvement of the prosecution conditions, the improvement of the litigation procedure and the improvement of the coordination relationship with the related system.The fourth part is for the third person of Judicial Interpretation improve after the third party lawsuit withdrawn litigation, there are still issues to discuss and study,hope that should guide judicial practice. This part of the system deficiencies raised his perfect proposal, such as the increase of litigation notification system and the punishment system of abuse of action. The article uses the method of system theory, it must be the protection of the right to the third party relief system for comprehensive optimization, and a clear distinction between the third different people relief system function, in order to meet the needs of China’s judicial reality.