Study On Withdrawing Lawsuits By The Third-party

Withdrawing Lawsuits by the Third-party is a new revision of the civil procedure law in our country to set up a new system, the purpose of setting up the system is to protect the legitimate rights and interests of the third party, prevent malicious litigation.It broke through the relativity judgment, the program to seek the balance point between security and dispute resolved, make up the defect of the parties, to protect the rights of the third party. Therefore, the necessity and realistic significance of its configuration is beyond doubt. But due to the system of legislation is too simple, the new judicial interpretation also did not answer to some concrete problems,Combined with the system and the related legal systems and procedures of conflict and overlapping, leads to the third party rights protection on the program choice blindness, cause the abuse of rights, also often make the judicial offices in handling such cases into confusion.This paper first discusses the concept of the withdrawing lawsuits by the third party, the characteristics and the nature and function. And then in the form of case, give way to the problems of the withdraw lawsuits by the third party in judicial practice, point out in its theoretical predicament, and analyze its theoretical approach, trying to find the theoretical foundation of its existence on the basis of the system. And introduce to withdrawing lawsuits by the third party of the continental law system countries, such as France, Germany, Japan and Taiwan area in our country, and the Anglo-American law system countries.including introduce to the legislation idea,the present situation and the concrete system, then make comparative analysis, provide material for the improvement of withdrawing lawsuits by the third party. Finally, further elaborate its applicable law and system improvement. Mainly from the rightly identified the third party subject qualification, strictly grasp the suitable conditions, perfect the trial procedures, clear the trial results and legal effect, and establish the corresponding mechanism form a complete set Angle is discussed.The author hope that through this article expounds to the improvement of withdraw lawsuits by the third party and judicial practice of this kind of case processing to provide some advice for reference.