Tierce Opposition Stystem In France

In China,“Third Party Discharging the Judgment” system has been establishedrecently in the civil procedure, which is influenced indirectly by the “Tierce Opposition”system in France. The purpose of the “Tierce Opposition” system is to offer the thirdparty afterwards means to against the effective judgment by giving them the right to restartthe trail.The first session of my essay is to introduce the definition of the “Tierce Opposition”system and compare it with other afterwards reliefs and function of this system ismentioned in the second part of the article. I define the nature of “Tierce Opposition”through study its function. If its function can be replaced by other reviews, its nature shallbe optional. However, if its function can not be replaced, it means its nature shall beunique. Meantime the French doctrine think that “Tierce Opposition” system with dualfunction. That means the nature of “Tierce Opposition” in most of times is unique whilecan be optional in some given in certain circumstances. Moreover, a contrast between“autorité de la chose jugée”and “representation”is made in the third chapter which areboth two special concepts from France. The “Tierce Opposition” system in France isbased on the “autorité de la chose jugée”system. But it is a “paradox” that these twosystem existed together in the civil procedure of France.Since the “Tierce Opposition”system set up so far, as of the date of the "paradox" has been a French academic thesis of"pending". In the forth session, I stress the application scope of it. While in the fifthsession I discuss the structure of it. In the last chapter, I anticipate the future developmentof the“Third Party Discharging the Judgment” system in China.