An Analysis Of The Plaintiff’s Qualification Of The Third Party’s Action Of Withdrawal

New civilian law enacted in 2012 in China,one of the remarkable move is in response to practical needs repairing method,enacted a third person to cancel suit system.The system set up by the main purpose is to fight in the practice of the false,malicious litigation legal dishonest behavior.Which is a typical instance is collaborating with each other,the parties intentionally fictitious debt,filed a lawsuit,the transfer of effective judgment reached by the court property,damage the lawful rights and interests of a third party.When the third person found effective judgment infringe upon their legitimate rights and interests and find relief way,at this time his face on behalf of the state coercive power of the effective judgment document will appear very helpless.To protect so damage a third person,in the aspect of law to deal with,in addition to improve the system of evidence,the punishment of illegal ACTS,lawmakers also hope that through the introduction of a third person to cancel suit,relief from the application of the third person aggrieved.But as a result of legislation,compare with other system is not perfect,for the joining of making this system there are some difficulties in apply.This system can be fully applicable to exert its effect,a focal point is the scope of the eligibility of the plaintiff problem determination.From ought to be and reality of the two angles to explore the third person to cancel v.the eligibility of the plaintiff,based on the regulation of this system,France,Taiwan,analyses the characteristics of the mainland area of the third person to cancel v.and existing defects,and on this basis,the our country of the third person to revoke litigation of the plaintiff qualification problem put forward Suggestions.