The Study On Judicial Application Of Challenging The Judgement By The Third Party

Article 56 Paragraph 3 of Chinese Civil Procedural Law establishes the system of challenging the judgement by the third party. But compared to the main instance of legislation(France and Taiwan area),challenging the judgement by the third party in our country has a big difference in applicable environment. The difference specifically shows in several aspects. The first one is the legal provisions are too simple. The second one is that the system of the third one attending into the law suit itself has defects. The third one is that the decision effectiveness system which is mainly about res judicate has not yet been established. Due to all the defects mentioned, it has provided larger explanation space for the study of challenging the judgement by the third party and also has brought larger difficulties for the judicial application. In view of this, the study elaborates the system location of challenging the judgement by the third party on a macro-scale firstly and discusses the concepts, characteristics, properties and legislation goals of it in details. As a postmortem relief procedure, cancellation suit is similar to other outside the third person afterwards relief programs, like separate appeals, outsider execution objection proceedings and case outsider apply for retrial,but there are also much difference,they had their applicable rules respectively. Then the study will take the cases which have been accepted by the court as samples to mainly discuss four significant questions in judicial application which are qualified plaintiff is difficult to identify, if the effective judgment has reversibility, case filing investigation for the suit of the third party discharging the judgment and the scope of the investigation.The new Judicial Interpretation of Civil Procedure Law in 2015 has set up specific chapters to modify the detail rules of the implementation for challenging the judgement by the third party and has solved many problems during the judicial practice. But this study argues that the solution of the application of challenging the judgement by the third party lies in not only making the specific application rules clear, but also modifying the living environment of this system. Challenging the judgement by the third party should be reviewed from the perspective of outside the third person procedural safeguards. And in the basis of regarding it as a main idea for guiding the application of challenging the judgement by the third party, to make a matching correction of the third one participating the lawsuit system, to give a suitable restriction of the expansion of effect and to provide guarantees of the matched system.