A Research On The Discharging Action By The Third Party In China

Discharging action by the third party is the sue by the third party notinvolved in the original trial to all the parties in the original trial askingthe court for changing or discharging the partial or the whole content of theeffective judgment, ruling or reconciliation agreement in the original trial.For procedural justices, it provides the procedural rights to the third partynot involved in the original trial to compensate their damages by the expansionof validity of judgments, rulings and reconciliation agreement. At the sametime, for substantive justice, by error correction, it helps to prevent falsecivil proceedings by the parties in the original trial for illegal benefitfrom the third party. Nowadays, the system of discharging action by the thirdparty has been legislated in the Civil Procedure Law in China, but thelegislation is far from enough, which will cause some problems in practiceand hold back the achievement of the legislative goals. Therefore, in orderto perfect the system of discharging action by the third party in China, basingon the legal practice experience and social demand in China, learning fromthe related legislation abroad China, legislators should clarify, specify andamend the items of it, including the parties, the system of registry, the timelimitation of action, the rules of adjudgment and so on. And then, for theprocedural justices of the third party, the system of discharging action bythe third party should be cooperated with other related systems, includingthe third party system, the system of outsiders’ execution of the objectionlawsuit and the system of outsiders’ applying for retrial.This thesis is divided into three parts, excluding introduction andconclusion. Centering the theme of the discharging action by the third partyin China, the contents of each chapter are as follows:The introduction overviews the discharging action by the third party inChina, and delimits the scope of this thesis.Chapter One outlines the basic theory and the legislative goal ofdischarging action by the third party, and compares it with other relatedsystems.Chapter Two analyzes articles of law and the current situation of thedischarging action by the third party in China.Chapter Three delivers the detailed composes of perfecting this system.The conclusion finally summarizes the contents of this thesis and states theimperfection of it.