The Study Of The Suit Of Challenge The Judgment By The Third Party

In order to curb falsified ligations and malicious ligations, the suit of challenge the judgment by thethird party was added in the new revision of Civil Procedural Law in2012. The suit of challenge thejudgment by the third party is a system in which the third party who is not involved in the original trialapplies to cancel the effected but wrong judgment, ruling or mediation agreement implemented among theother people. This dissertation has discussed the suit of challenge the judgment by the third party, which isbased on present legislation and research on the system in China, fully takes into account the actualsituation in China, as well as referring to the laws of France and Taiwan. Apart from the introduction andconclusion, the body has four main parts as follows:The first part is mainly defined the suit of challenge the judgment by the third party. In nature, the suitbelongs to Gestaltungsklage, which is meant to protect the substantial rights of the third party. From itsfeatures, the practical significance of the system is far greater than its theoretical significance. As thesystem is to curb the falsified ligations and malicious ligations, its functions are special, but the relieffunction with a lag. As for its type, the system is independent. Seeing form the regime, although thefunctions of these systems are both to protect rights of the third party, there are some differences betweenthe third party discharging the judgment and the third party’s participation in the trial, the opposition action,the review produce. This system is completely different form the suit of revocation, even they have similarnames.The second part focuses on the scope of application of the system. Falsified ligation is the prior issuethat needs to be solved by the system. It takes place frequently in the civil procedural part, especially in thecase of property disputes, such as private lending cases, divorce cases, etc. Apart form this, if the litigationundertaker did not perform or delayed perform their duties in the case of statutory undertaking, the interestsof the undertaken-person will be damaged. Besides, the expansion of the intermediate effectivenessjudgments shall also impair the rights of the third party. The above three types of cases can be applied tothis system.The third part focuses on the proceedings about the system. Although the system was established by new law, there is only one clause, and the provision of which is too simple and vague. In this section, thiswriter makes further efforts to explain the applicable procedure of the system from the following aspects:drop the suit from initiation, object, term, jurisdiction, trail, the legal effect and so on.The forth part mainly analyzes the connections among the systems. From an overall perspective, thesuit of challenge the judgment by the third party become more perfect when incorporated into the legalsystem by the latest Civil Procedure Law. The connection between the suit of challenge the judgment by thethird party and other third party systems will be beneficial to safeguard jointly the legitimate rights andinterests of the third party. In response to the problem of falsified litigations, the new law adds the system,and at the mean time, set the basic principles of good faith as well as the measures of civil sanctions of themalicious litigations. When we use the suit of challenge the judgment by the third party, it is also necessaryto pay attention to the convergence among these systems.