Analysis On Application Of The Suit Of The Third Party Discharging The Judgement System

The newly amended Civil Procedure Law established the suit system of the third party discharging the judgment, aimed at controlling the growing problem of fraud litigation. The process guard is closely related to the justice, especially when the effective judgment has harmful effect on the person who is not involved in the case and hasn’t participated in the suit. Before the system of third party discharging the judgment established, the key ways to help the not-involved person are applying for a retrial and objection for the execution. But it turns out to be not effective and has many different opinions. As a new suit system, the third party discharging the judgment which is not commonly used in judicial process, is still in the beginning stage. The provision of this system in "Civil Law" is very simple and need to be further developed.The suit system of the third party discharging the judgment was originated in France and independent from other litigation system, which is a special way to protect the interests of the third party. This suit system comes from the third party who is not participating in the legal process due to that they have responsible for the case. But when their legal rights and interests are affected by the result of other litigation, they could suit to the court in order to withdraw the bad result to them. The suit system of the third party discharging the judgment could change the exist or the confirmed legal relationship and the it will also be identified as the suit. As a special suit system, it also has some features like legality, specificity, happening after the case, dependence and in the legislative control. The system has the theory and legal basis from the law, ie. the expanding result of the judgment and the reflecting result of the decision, which is also the background of the system. Regarding the reason why this system starts, it should be the growing defect of the adversary system.The legal reason why we establish the suit system of the third party discharging the judgment is to control the frequent cases of the malicious prosecution. Regarding the legislative system development, the current re-suit system and objection execution system could not meet the protection process to the third party after the case, due to its own limitations. The third party could not protect their interest by suiting, re-suiting, and other suiting ways. Even we has already established the system in China, the application will have many problems such as the conditions of the case are not clear, the controversy exists in the terms, no provisions of the procedure and the lack of prevention, relief and regulatory measures, because it’s developed with many principles.We should learn from the legal process and development from foreign countries and Taiwan district but based on the actual situation in our country. The suit system of the third party discharging the judgment should be improved in following parts:establish the scope of case, strictly control the case category, define the third part, excluding the existing dispute, regulate the proceedings, unified the effectiveness of the referee and establish the system of the pre-inform to let all party know the status, and improve the relief and regulatory measures.