On The Suit Of The Third Party Discharging The Judgment

Civil litigation is usually revolves around the parties, but the court of the written judgment effectiveness often counterproposal influence outside the third person. In recent years, the parties use false litigation, to hide the truth to defraud court decisions is often happened. In order to prevent the occurrence of malicious litigation, the parties to ensure the rights and interests of a third person outside case. In 2012 China’s newly revised "the civil procedure law of the People’s Republic of China formally established under paragraph 3 of article 56 of the our country the third person to cancel v. system, increasing in the third person there was an error in the referee’s self relief way. In 2015 the supreme people’s court’s new "about apply" the civil procedure law of the People’s Republic of China > the interpretation and drop the suit of the third person in make further provisions shall be applicable. This article obtains from the several typical cases, through specific case summarized its controversial focus and reflects the problem. Combining new civil procedure law and judicial interpretation to analyze and solve concrete problems. This article points for four parts:The first part mainly discusses the three cases made a brief overview of the case, summarizes the case of disputes, through the analysis of the controversial focus further case problems reflected by the case and the paper summarizes the problems found.The second part is divided into the scope of the third person to cancel lawsuit main body and object scope of build and perfect. The third person to cancel the suit with the size of the scope of the main body of the third person to cancel lawsuit system is proportional to the size of the scope of protection. In this paper, the our country the third person to cancel the lawsuit main body qualifications an analysis of existing legislation and judicial interpretation of extraterritorial legislation comparison, the our country the third person to revoke lawsuit main body qualifications rules feasible opinions and Suggestions are put forward.The third part of the third person to revoke suit the specific applicable program put forward the existing problems and in the third paragraph of article 56 of the civil procedure law and the basis of the new judicial interpretation of the civil procedure law in 2015 are put forward according to the existing problems of the perfection of rationality.The fourth part is the protection of the rights and interests of a third person within the framework of the third person to revoke suit with an outsider to apply for retrial, an outsider execution objection to the application of the related system and cohesion to specific analysis and sum up.