The new civil procedure law( 2012) of the PRC provides the discontinue procedure and it needs to enrich the contents of this system. There is a substantial divergence in the theories and practice of who could initiate...The new civil procedure law( 2012) of the PRC provides the discontinue procedure and it needs to enrich the contents of this system. There is a substantial divergence in the theories and practice of who could initiate this action. This divergence is affecting the function of this system. To comprehend this question,we should first judge whether the third party has gained sufficient procedural safeguard and has other institute relief. So if the third party should join the first trial as the third party without independent claim right,and he did not joined the procedure,then he could initiate the discontinue action. Of course if he could get remedy by the new trial procedure,then he could not enjoy the plaintiff competence of the discontinue.展开更多
文摘The new civil procedure law( 2012) of the PRC provides the discontinue procedure and it needs to enrich the contents of this system. There is a substantial divergence in the theories and practice of who could initiate this action. This divergence is affecting the function of this system. To comprehend this question,we should first judge whether the third party has gained sufficient procedural safeguard and has other institute relief. So if the third party should join the first trial as the third party without independent claim right,and he did not joined the procedure,then he could initiate the discontinue action. Of course if he could get remedy by the new trial procedure,then he could not enjoy the plaintiff competence of the discontinue.
