Research On The Third Party Cancellation

China's Civil Procedure Law establishes a third-party revocation litigation system,the purpose of which is to avoid damage to legitimate civil rights and interests caused by the third party's failure to participate in the lawsuit for reasons other than its own.,Also played a positive role in safeguarding the justice and authority of the judiciary.However,due to the short period of time for the establishment of the system in China,the legislation still needs to be improved.Among them,the provisions on the third party's subject qualification and trial procedures are relatively rough,plus the third party's revocation and other relief from outsiders.The channels are prone to conflict or overlap,so when the third party's legitimate rights and interests are impaired,which remedy should be applied?This also confuses the judiciary when trying such cases,resulting in the phenomenon of different judgments in the same case.In order to give full play to the advantages of the third-party revocation system,we need to study it in depth.This article consists of four parts.The first part is an introduction to the basic content of the third party's revocation of the lawsuit,expounding its meaning,nature,function and necessity of establishing the lawsuit.The second part elaborates the current legislative situation and the problems facing this system.Describe the actual basis of the third party's withdrawal from three aspects,and then introduce the legislative process into the comparison with similar systems to analyze the existing problems,so that it can not only sort out from a macro perspective The current status and problems of the system can also be analyzed from the micro perspective of the plaintiffs eligibility and scope of application.The third part introduces the relevant systems in France and my country's Taiwan region in detail,draws on its excellent experience,and then combines my country's local characteristics to inspire how to perfect the third party's revocation suit.Finally,improve the specific application and development of this system by perfecting the scope of eligible plaintiffs,establishing and perfecting the supporting system.It is hoped that this article will do its best to explore the theory and practice of the third party's revocation.