Applied Research On The Suit Of The Third Party Discharging The Judgment

In order to provide adequate procedure relief for the third party restrictby judgments, the latest revision of the PRC Civil Procedure Law set up thesuit of the third party discharging the judgment. The suit of the third partydischarging the judgment bring theoretical and operational problems, such asthe scope of coordination system, referee form, completion time and so on,especially the expanding object of the system bring more challenges. On thebasis of comparative study, it is debatable that the object range of systeminclude the ruling and conciliation statement which bring high risk. It is unfitto take the form of conciliation statement addition to the verdict on thereferee form. Given the impact of system on the process stability, thecensorship should be more strict on filing, and the referee should not restrictthe third party while the original parties shall still be subject to the constraint.In order to prevent the abuse of the suit of the third party discharging thejudgment, the guarantee and fines systems should be established. Meanwhile,as a special relief, the system should guarantee the rights of the third party in terms of completion time, avoidance system. Exclusive principles should beestablished between the system, outsider objection lawsuit and retrialproceeding which be further consolidation in the legislation, to make it morereasonable and convenient.