The Legal Issues Research Of Discharging The Judgment By The Third Party

The legal value is embodiment of fairness and justice. The external embodiment of justice is protecting the legitimate rights and interests of each person equally. In litigation, the legitimate rights and interests of the parties is protected equally. to outside the third party, when his legitimate rights and interests of law has adverse influence on effective judgment, he can protect his lawful rights and interests by way of litigation. At present, in our country, the system of discharging the judgment by the third party is not completed. To constitute a perfecting system of protecting the legal rights and interests of the third party must draw lessons from the experience of other countries,then complement each other, and with the domestic correlation system.Firs, this article introduces the concept of the system of discharging the judgment by the third party, then analyses its characteristic of action of formation, specificity, and is a kind of the relief system. By comparing it with the retrial proceeding, the third person execution objection lawsuit, and the third person to participate in the lawsuit system, clear the boundary of it and the other related system, and clear its essence attribute. Second, the theory is the foundation of system. Under the support of theory, the system guide practice better. This article analyzes the basis of the system of discharging the judgment by the third party, from judicial justice and efficiency, the influence of resjudicata, fraud against the inhibition of lawsuit aspects and so on. Again, the existence of the system has its necessity. Starting from the problems in the judicial practice of China analyzes the flaws of the current system in China, and then analyzes the system is necessity. Finally, drawing lessons from foreign legislative experience, this article builds the framework of the system of discharging judgment by the third party. And in this system, information system, formal requirements, substantial requirements should be build. And the domestic correlation system of retrial and related legal system is good for this system..The system of discharging the judgment by the third partyt is to safeguard the interests of a third person after the event program, breaking the original application security system in our country, protect the interests of a third party. And it is the balance between security and one-time dispute. Through the protection for the interests of the program implementation to protect the interests of the entity, realize the value of the legal justice.