On The Suit Of The Third Party Discharging The Judgment

In order to solve the dispute at one time and to avoid different verdicts regarding to the same dispute,the expansion of res judicata makes the effects of judgments not restricted in the parties,which makes it possible that it might injure the interests of the third party.The third party might have to be bound by the disadvantaged jugdment without participation of the litigation,and have no effective remedies,which not only injures his procedural interests but also is unfair to him.According to analyze the regulations of protection of the interests of the third party in our country, this article states the necessities of the suit of the third party discharging the judgment,and it should make a mutual complement with other existing third party’s protection regulations,and perfect the system. The suit of the third party discharging the judgment can solve the problem that subjects of rights are in difficulties to appeal,what’s more,it has a huge influence on safeguarding the judicial authority and maintaining the legal interest of the third party.The modified"Civil Procedural Law"(2012) established the suit of the third party discharging the judgment,but apparently,it is not enough to become a legal applicable basis,as it lacks the specific procedural provisions and related supporting systems.After demonstrating the practical and theoretical foundation of the formation of the suit of the third party discharging the judgment,combined with the reality of our country,this article learn from the experience of the legislation in other countries and districts,in an attempt to explore a way to perfect the suit of the third party discharging the judgment,and make it feasible in defending the private rights.This article is composed of four chapters:Chapter One is the outline of the suit of the third party discharging the judgment,including the definition and characters of it,in addition to the theoretical foundation and the difference and connection with the relevant regulations,then make a comparison with the regulation of the third party participating the litigation, the third party dissenting the enforcement and the suit of retrial applied by the third party.Chapter Two is the investigation of the comparative law of the suit of the third party discharging the judgement,including the relevant regulations and theoretical research of France,Germany,Japan,Italy,Taiwan District and Macao District of our country,which aims to make a better guidance for us.Chapter Three focuses on discussing and clarifying the constitution, effect and the trial procedures of the suit of the third party discharging the judgment in our country.The first part is divided into four parts:eligible parties,object,jurisdiction of the court and conditions for prosecution.The second part uses the question and answer mode to discuss some issues such as wheather it would influence the definitive judgement’s effect between the parties,or wheather it is necessary that the execution of the definitive judgement should be suspended,or wheather it is allowed to lodge an appeal in the suit of the third party discharging the judgment.The third part cheifly concentrates on the suitable procedure,the form of judicial organization and treatments.Chapter Four is about personal advices for the establishment of the correlative system,including the notice of the court,the punitive measures against the abusement of the right to rescind and corresponding relief systems,which are designed to make a full play of function of the suit of the third party discharging the judgment.