An Analysis Of The System Of The Third Party’s Withdrawal

In this paper,In response to the false litigation,security did not attend the hearing,the verdict was in adverse effect of the entity rights and interests of a third person,at the same time,also to our country existing civil litigation relief system of protection of rights and interests of a third person to supplement,the civil procedure law modified will be the third person to cancel.system included within the framework of the civil procedure law in our country,the establishment of the system,not only expanded the scope of theoretical research,but also to the improvement of the procedural law in our country play a role.This paper theoretically expounds the meaning of the third person to cancel suit and theoretical basis,through studying the extraterritorial legislation present situation,from the judicial reality of China,summarizes the implementation system of litigation of our country the third person to cancel the function obstacle,and put forward a good path.Articles will be in addition to a summary and conclusion,mainly from four parts to discuss the corresponding analysis:The first part mainly includes two aspects of content,on the one hand,is the third person to revoke defining the lawsuit system,clarify the concept and characteristics,to that of the other apart from the third person of the relief system;On the other hand,through the analysis and research the theory of the litigation of the third person to withdraw,so as to deepen the third person to cancel suit system in our country.The second part is mainly from the Angle of comparative law,law of main countries in the world is analyzed,further the understanding of the third person to cancel lawsuit in the aspect of theory research and system construction.The third person to cancel the suit is the earliest in France to be established,introduced earlier in our country is in Taiwan。To these countries and regions of the third person to cancel v。aspects such as subject,object and procedure is analyzed,with the mature development of the third person to cancel.system model of building.The third part through to our country the third person to cancel the current lawsuit system under the existing provisions of the realization of the function of the existing obstacles of exploration analysis,and through relevant case,from a study on the corresponding legislation in our country level and practice level,thus to our country of the third person to cancel.reflect the deficiency of the system,in order to make the system play its proper role.The fourth part mainly in various countries and regions for reference,on the basis of mature experience,according to the specific measures for perfecting the judicial put forward the corresponding actual,including should adjust the system of legislation style,etc.