On The Withdraw Of The Third Party

Theoretically speaking, the procedure of civil litigation is to solve the disputebetween the two parties in the lawsuit. Thus, the effectiveness of the effectivejudgment shall also be only towards the parties of the litigation. But in the juridicalbusiness, expanding the function of lawsuit system to resolve disputes is needed inorder to make the dispute a one-time radical solution. This often makes the decisionexpand effects to the third party, so that the dispute which should have been betweenthe two parties may dispose of the third party’s legitimate rights and interests. Thedevelopment of social economy not only increase the quantity of the civil litigation,but also brings many new complex problems, such abuse of litigation rights,unfaithful lawsuit acts, which violated the legitimate rights and interests of the thirdparty. At this time, the third party’s interests to get enough effective protection if thedispute only rely on the retrial system and execution objection system in the CivilProcedure Law of China. Outsider retrial application system and the outsiderexecution objection system although providing help to the third party to safeguardtheir legitimate rights and interests. But its shortcomings makes it cannot provide fullassistance to the third parties on the way to protecting their rights. So the system ofdischarging the judgment by the third party has been added to the new revised CivilProcedure Law Act56in2012. Discharging the judgment by the third party refers toa lawsuit relief system, that the third party who has a legal interest with the effectivejudgment and have not participate in the original trial of the case because of thereasons cannot attributable to their own, request the original court to revoke or changethe part which negative to the third party in the original effective judgment, when theoriginal effective judgment violated or threatened their rights and no other relief ways.It provides a special and independent way of relief to the third person who had not toparticipate in the lawsuit but has an interested relationship with the effectivejudgment and the interests has been violated. The Supreme People’s Court CivilProcedure Law Judicial Interpretation For The Understanding and Application, whichpublished in2015, has added12juridical explanation on this system regarding the prosecution condition, the accepting and examination procedures, the organizationalform of trial, the objects of discharging, interested parties, and so on. This actionprovides a more perfect legal basis to the system of discharging the judgment by thethird party to play its role in the judicial practice. But the judicial position, the objectof the discharge revocation, and the scope of application of the system of dischargingthe judgment by the third party, still needs legal coordination.