On The System Of The Third Party Discharging The Judgment

As the remedy procedure after judgment, the relevant content of the suit of the third party discharging the judgment is regulated in Paragraph Three of Article Fifty-six in the "Civil Procedure Law of the People’s Republic of China" which was revised in 2012, but there are many different sounds about the establishment of the system in jurisprudential circle in our nation. Because the regulation of this paragraph is far from solving the problems of the suit of the third party discharging the judgment in practical application procedure, such as malicious lawsuit and false lawsuit. The cause for this phenomenon lies in the congenital lack of legal norm on the suit of the third party discharging the judgment; the simple setting of regulations results in many legal loopholes and unnecessary conflicts, for example, the conflict in juridical practice between the suit of the third party discharging the judgment and the retrial procedure, which has negative influence on the right protection of the third party, and makes it difficult for the suit of the third party discharging the judgment to achieve the legislative intent of protection of the third party. Through the legal principle analysis as well as the arrangement of laws and regulations, this paper provides some beneficial thoughts for legislative work and juridical practice. It also proposes suggestions for the perfection of the defects existing in the judicial application of suit of the third party discharging the judgment.This paper is divided into four parts, to conduct research on the suit of the third party discharging the judgment. The first part is the introduction, with the main content of the purpose and background of research on the suit of the third party discharging the judgment, the research status as well as the range and method of the research of this paper. The elaborates the current status of the application of the suit of the third party discharging the judgment in our country and our province. Conducts detailed evaluation and analysis to the typical cases of the suit of the third party discharging the judgment in our province, laying emphasis on the existing problems of the suit of the third party discharging the judgment in the application. The case analysis method is mainly utilized to study on the problems of legal liability, and the method of comparative analysis is utilized for the problems of the suit of the third party discharging the judgment in judicial operational process as well as the problems of the infringement to the legitimate interest of the third party. In combination with the case statistics and case system analysis of the second parts, the third part proposes the problems during the implementation of the suit of the third party discharging the judgment. The four part proposes suggestions for the perfection of the defects existing in the application of the suit of the third party discharging the judgment. In this part, the method of combination between law and sociology as well as the method of comprehensive analysis and conclusion are utilized. On the basis of conclusion, summarization and analysis, this paper proposes countermeasures for the existing problems in the suit of the third party discharging the judgment, in hope that they can play an active role in remedying the defects in the suit of the third party discharging the judgment.