The Research And Perfection Of The Suit Of The Third Party Discharging The Judgement System In China

Fairness and justice is the worth of law.Facing with the lack of judicial resource,it requires resolving the dispute efficiently so that the cases can be solved one time as far as possible.But in judicial practice experience, it always happens the situation like the expansion of res judicata.This can occurs the negative influence to the person those who did not participate in the proceedings. For the situation is obviously on the contrary of the principle about fairness and justice.The suit of the third party discharging the judgment system is to repeal or change the judgment in order to protect legal rights by the third party,so that they can get rid of the negative impact on the judgment.The development of the suit of the third party discharging the judgment system is not perfect at present.It needs to draw the successful experience from other countries so that we can constitute a complete system combining with the domestic correlation system to protect the legal rights of the third parties.Firstly,in this paper,it takes a brief introduction about the definition characteristic and function from a conceptual point of view in order to learn the deep connotation of the suit of the third party discharging the judgment system.Secondly research the base of theoretical value about the reason about why the suit of the third party discharging the judgment system can be exists.lt emphasizes the necessity about setting the suit of the third party discharging the judgment system by combining with the expansion of res judicata protection of the third parties.Thirdly,by comparing with the retrial litigation,the third parties dissent action of execution,the third parties participate in the litigation to distinguish with other system so that we can learn about the essential attributes of the suit of the third party discharging the judgment system.Then,the author compare with the relevant system which countries owns the resemble rules, absorb the valuable experience from this relevant system to perfect the suit of the third party discharging the judgment system.The author also analysis the defect of the system to stress the important of the perfection of this system.At last author makes some recommendation for the suit of the third party discharging the judgment system,such as equip with the related system,to offer some legislative proposals for the suit of the third party discharging the judgment system.