On The System Of Third Party Discharging The Judgment

The amendment of the Civil Procedure Law in 2012, marking the system of third party discharging the judgment has been established in China. In other countries and regions, this system is not a general procedure, but the related legislation cases reflect the spirit of protecting the third party’s interests. The article explores the history and localization features in other counties and regions by comparing the similarity and difference of the system, which is benefiting our rights protection system with reference.With the increasing complexity and diversity of social relations, the trial not only binds the litigants, but not also affects the third party, who didn’t participate in the proceedings due to various reasons. The traditional civil procedure law has less procedures for the protection of third party interests, and there are certain restrictions. Therefore, the establishment of third party discharging the judgment system based on the practical and theoretical needs. It provides an effective way to fight against others malicious collusion and false lawsuit. The third party, who satisfy legal requirements can sue originating parties as a co-defendant and remedy his interests independently. Meanwhile, cooperating with the third party executive opposition and retrial system, the system of third party discharging the judgment can jointly solve the problem of the protection of third party interests at different stages of the proceedings.The provisions of this system is less. Some problems, such as abuse of this system, retrial was disguised "elevated" and other issues appear in the practice, which also can be resolved by the review of the courts and civil litigation sanctions procedures.Thus, the system of third party discharging the judgment is not a "one size fits all" choice, in maintaining interests of the third person. Particularity of the case and complexity of the legal relationship put forward higher requirements for this system, which will also be better safeguard the legitimate interests of third parties by running constantly with the social reality.