The Construction Of The Procedure Of Discharging The Judgment By The Third Party Not Involved In The Original Trial

The procedure of discharging the judgment by the third party not involved in the original trial was originated from France, Taiwan region and Macao Special Administrative Region also have established the same system. The essential of the system is to make the third party mentioned above receive afterwards relief to withstand detrimental influence of effective judgment by endowing the person with the rights and subject qualification of starting review.In the article, such systems in France, Chinese Taiwan region and Macao Special Administrative Region are introduced. And comparative analysis of such systems is implemented specially in following four fields: subject, jurisdiction, limitation of actions and validity of judgment. Successful experience on such systems of the above country and regions can be used for reference to construct the similar system of our own by our country.With social relationship becoming more and more complicated and continuously successive, effective judgment will influence not only litigants, but also other persons who are not litigants usually. Considering changes of social relationship, protection of licit rights and maintenance of justice authority, it is necessary that suitable relief shall be offered to the third party who is not involved in the original trial. But such relief is insufficient in our country. The main reason is that appeal, opposition to execution and raising another action can't solve the conflicts in facts recognition and validity of judgments. Review can solve the above problems, but it can't be started by the so-called third party because he is not a litigant. So rights protection of this kind of third party is put into trouble. The author suggests to construct the procedure of discharging the judgment by the third party not involved in the original trial in our country, and endow the person with the rights and qualification to start review.The feasibility of construction of the procedure of discharging the judgment by the third party not involved in the original trial in our country lies in two aspects: The first is theory basis: Reinforcement of function of litigation interest is theory basis for rights relief of the third party who is not involved in the original trial; scope extension of litigant qualification is theory basis for the scope extension of subject of review; extension and exception of subjective scope of validity of judgment is theory basis for necessity of seeking relief for the so-called third party. The second is system basis. The third party system and the procedure of discharging the judgment by the third party not...