Research On The Eligible Plaintiff Of The Suit Of The Third Party Discharging The Judgment

In the year of 2012, the suit of the third party discharging the judgment was added into the New Civil Procedure Law in China. It aroused heated debate in academic field, including system purposes、the property of this type of suit、theoretical basis、procedure structure、coordination with other relief approaches for the third party and etc,among which the eligible plaintiff of the suit of the third party discharging the judgment is hotly discussed. At present, eligible plaintiff has not been formed a conclusion in theoretical circle and becomes the first problem we face when applying the system in practical operation. According to related legislation, the suit of the third party discharging the judgment is a right relief system for the third party to request people’s court for revocation or altering effective judgment when his legal rights are affected disadvantageously by the judgment force. The suit of the third party discharging the judgment is crucial for protecting the legal rights of the third party and composes the third party’s post relief system of effective judgment along with objection to execution by the third party and retrial. Established in the eligible plaintiff of the suit of the third party discharging the judgment, this article firstly introduces and compares with Chinese mainland suit of the third party discharging judgment with this system in Taiwan of China and France. Then,it explains necessary conditions on the basis of the Civil Procedure Law and new judicial interpretation in China. After that, this article concludes the conditions of this system’s practice. In conclusion, details and matters in need of attention during the examination of eligible plaintiff of the suit of the third party discharging the judgment are put forward.