第三人撤销之诉既是民诉法第二修正稿的亮点,又有诸多问题需要探讨。设置第三人撤销之诉是现实生活的需要,是程序价值的要求,同时也是权利人利益保障的全方位体现。基于此,民诉法第二修正稿在第56条第3款设置了第三人撤销之诉。法律的出台,与理论、实践之间出现了诸多的问题。在充分研究台湾第三人撤销之诉的基础上,文章从立法模式以及设置程序两方面提出了更为详尽的完善制度。 The lawsuit of the withdrawal of the third party is not only the bright spot of the second amendment of Civil Procedure Law, but also has many problems that need to be explored. Set a third party to withdraw the complaint is the real life needs, the value of the program requirements, but also the full protection of rights and interests of the people embodiment. Based on this, the Second Revision of the Civil Procedure Law sets the third-party revocation complaint in Article 56 (3). Law promulgated, and theory, practice, there have been many problems. On the basis of fully investigating the revocation of the third person in Taiwan, the article proposes a more detailed system of perfection from both the legislative model and the procedure of setting up.