On The System Of Discharging The Judgment By The Third Party

In modern society, to improve the function of litigation system in settling disputes,the judgment of court strives to solve all disputes once and for all, so that validity forjudgment, under some circumstances, won’t be limited to the two parties, but also beapplied to the third party that has participated in the litigation. Apparently, it isunreasonable that the third party is judged without effective procedural protection.Therefore, corresponding effective relief system should be established to protect theinterests of the third party. The system of discharging the judgment by the third party is onekind of system demanding recession or alteration of judgment for the third party whoseinterests are infringed.In this thesis,the writer introduces connotation of discharging the judgment by thethird party from perspectives of concept and compares it with relevant Chinese systems incivil actions; Secondly, a comparative investigation on relevant systems of countries withsimilar regulations within continental law system is done so as to borrow some ideas andexperience; Thirdly, the writer explores legalization basis of the system of discharging thejudgment by the third party from theoretical perspectives; And then, the drawbacks ofChinese system of civil action in the third party relief are analyzed and the necessities ofestablishing the system of discharging the judgment by the third party are stated. At last,the writer put forward specific legislative suggestions on establishing the system ofdischarging the judgment by the third party in the hope of providing some references tolegislative amendments in the future.