On The System Of Discharging The Judgment By The Third Party

The third paragraph of article56of PRC Civil Procedure Law (2012amendment)established the system of “Third Party Discharging the Judgement”. As a post relief system,“Third Party Discharging the Judgement” aims at curbing the worsening fraud litigation which isa violation of the interest of the third party. This system is to relief the third party who is in theproceedings but without procedural safeguards, and whose rights may be affected by theeffective legal instruments such as judgment, ruling and mediation. But we can see that CivilProcedure Law (2012amendment) has only one paragraph on this newly introduced system,numerous problems will appear in judicial practice, matching applicable standards has not beenspecified. Meanwhile, this system is overlapped with the system of third party opposition toexecution and retrial system to some extent. This article will introduce the meaning andcharacteristics of “Third Party Discharging the Judgement” first, and make differentiation andanalysis with related systems, and point out that it is necessary for China to set this systemseparate. At the same time, this article will analyses what current existing legislation mayencounter in practice, and suggest that the system of Third Party Discharging the Judgementshould be clarified and perfected, on the part of proceedings, effectiveness, restrictions and so on.This article will improve this system becoming perfect, purify litigation environment andsafeguard the legitimate interests of third parties better.