A Study On The System The Third Party’s Suit For Discharing Judgement In Civil Litigation

In the judiciary of our country, the rights and interests of the third party are often damaged by the parties who have brought malicious or false litigations. According to the system of the third party’s suit for discharging the judgment provided in the Law of Civil Procedure modified in 2012, the third party of the case is allowed to maintain his civil rights and interests by discharging the judgment of the original litigation that has taken effect. The establishment of the system changes the remedy in advance which has been paid more attention to in civil litigation before. It provides the methods for the third party whose rights and interests have been damaged to obtain remedy afterwards. This system not only provides more protection for the persons who are not involved in the case, but also further enrich and improve the third party system in civil litigation of our country. In the Supreme People’s Court’s Interpretation of Applying the Law of Civil Procedure of the People’s Republic of China that came into force in February5,2015, there are detailed provisions of the system from Article 292 to Article 303. These provisions make it more feasible to operate, provides legal guarantee for the third party who is not involved in the case, and maintains their right to remedy by means of litigation. At present, the new system is still on the initial stage. Though there are specific provisions in the law and judicial interpretations, it has not been applied in compliance with standards in judiciary practice. Therefore, the thesis starts from the connotation of the system, studies the system abroad, makes an overall analysis of its existing problems in China, and puts forward some methods and ways to further improve the system, hoping to provide certain practical significance and theoretical reference for the operation of the system of the third party’s discharging the judgment in court.