The Functions And Procedural Guarantee Of The Suit Of Discharging Judgment By The Third Party

To cope with the increasingly serious false litigation and safeguard the rights of outsiders, China revised the civil procedure law in 2012 and added the suit of discharging judgment by the third party, the system provided a new relief way to the third parties who may be didn’t involved in litigation but affected by the system.As a new and independent legal proceeding, the function of the system to cancel lawsuit for a third person has been overshadowed by its hurried appearance into the system and only hundred words of description for its standard. Although the 1636 th meeting of the supreme people’s court trial committee deliberated on the supreme people’s court on the explanation of the civil procedure law of the people’s republic of China on December 18, 2014 and will be executed on February 4,2015, how to define the function and how to understand of the suit of discharging judgment by the third party. Not only is a practical problem urgently to be solved, also is a risk to influence the stability of the judgment.According to the comparison and analysis of the outside advanced ideas and the academic research and combined with actual situation in our country, putting forward a suggestion to perfect the suit of discharging judgment by the third party.The first part introduces the meaning and characteristics of the suit of discharging judgment by the third party. The system is expounded on the whole to have a preliminary understanding the system to cancel lawsuit, which is the rights is affected by the effective judgment, but due to the fault is not the reason and did not attend to the effective judgments or written orders and conciliation statements in the proceedings of a third person other than the parties, to the court to cancel or change the written judgments or orders and conciliation statements will hurt himself in the part of the request of the system.The second part analyses the function of the suit of discharging judgment by the third party in our country.Any legal system has its legislative purpose and the function orientation, which determines the applicable subject and conditions of the system.From an angle of comparative law, the part compares the the suit of discharging judgment by the third party of foreign countries, such as France and China’s Taiwan region, to explain the the function orientation of the system in our country, which is based on the the theoretical basis of foreign countries’ the suit of discharging judgment by the third party and combination of local context.The third part mainly discusses the problems of the suit of discharging judgment by the third party for a third person that exists in existing regulations, from the perspectives both theory and practice to examine the gaps in the system, including the scope of the connotation of the eligibility of the plaintiff the third party and the third party relief mechanism to produce the problem such as competition.The fourth part mainly proposes the suggestions to how to correctly understand and apply the suit of discharging judgment by the third party for a third party to solve the previous questions. The suggestions are based on the practice in reality and taken examples form foreign countries.