The Research Of Discharging The Judgment By The Party Not Involved In The Original Trial

The relationship of modem society is more complicated than before, effective judgment will influence not only litigants, but also other persons who are not litigants sometimes, so it is necessary that suitable relief system shall be offered to the third party who is not involved in the original trial in the civil procedure. The suit of the third party discharging the judgment is a system that aims to safeguard the legal rights of the third parties affected disadvantageously by the judgment force. The author gets characteristics and summary by comparing related systems and foreign enactment of legislations, and studies its theory basis. Then in this basis we try to analyze the necessary of the suit of the third party discharging the judgment. In the last part of the article, the author chooses the most suitable type, and suggests the specific legislative proposals which is about the suit of the third party discharging the judgment in our country. The author tries to have a comprehensive grasp of this question which is of the suit of the third party discharging the judgment, and hopes to give some help to the legislation in the future.