Studies On Legal System With Respect To The Suit Of The Third Party Discharging The Judgment

The judgment of the court takes legal effect and brings the direct binding forces on the parties determined by the judgment, however, under certain circumstances, the contents of the judgment will also involve the third party which is not a party in the concerned case((hereinafter referred to as the "Third Parry"). When the Third Party does not participating into the trial process and assert its own rights due to the reason which could not be attributed to the Third Party itself, the adverse results derived from the judgment will often do harm to the legitimate rights and interests of the Third Party. Therefore, it is absolutely necessary to provide the remedy of the procedure for the Third Party to protect its legitimate rights and interests. The PRC Civil Procedure Law, as amended in2012, sets froth the legal system of the suit of the third party discharging the judgment (hereinafter referred to as the "System"), which has significant meaning to provide the protection for the legitimate rights and interests of the Third Party. However, in the practice of the civil procedure area, with respect to the situation that the Third Party does not participating into the trial process and assert its own rights due to the reason which could not be attributed to the Third Party itself and suffer loss of its rights, there are different understandings and opinion regarding whether the System shall provide the remedy for the rights. The author takes the concerned case as example (hereinafter referred to as the "Case"). With respect to the focusing points of the Case, from perspective of the legislation background of the System of PRC Civil Procedure Law, the author compares the methods of the remedy for the third party, analyzes the concrete structure of the System, and further studies the dilemma of the Case in the practice of the civil procedure areas from the point of view of comparison with the regulations in the other jurisdictions, points out the drawbacks of the legislation of the System of the PRC Civil Procedure Law and proposes the suggestion to improvement, in order to provide the scientific and reasonable protection for the legitimate rights and interests of the Third Party.