Research On The Suit Of The Third Party Discharging The Judgment

The suit of third party discharging the judgment means that the third party didn’t participate in the litigation which can not attribute to his fault.But the effect of the judgment expand to the third party and his legal right was prejudiced,to protect his legal right the third party sue to recall the judgment or part of the judgment.Our country’s civil procedure law was amended in2012and added the system of the suit of third party discharging the judgment.On one hand,this new system can cut down the number of fraud litigation;and on the other hand this system is an improvement of our civil procedure law,also it can protect the third party’s process interest better.As a kind of new system,the theoretical foundation and the basic of practice for its setting up still needs to be analyzed and discussed. And because our civil procedure law haven’t made it clearly about how to apply and carry out the system. So the author of this paper will focuses on how to apply and carry out the system and what issues need to be paid attention to in the application, for example, if the third party wants to discharging the judgment there are several conditions he must satisfy and which court can take this suit and so on. At last, the author aimed at the problems existing in the system during its application and put forward my own views and suggestions,in order to the smooth implementation of the system in our country.