An Empirical Research Of The Rhird Party Opposition Proceeding

Today, Chinese economy enter into the stage of "New normal".Even though the economy develop rapidly, but also accompany various problems. In recent years, parties often use measures,such as malicious action,to damage the third party's legal interest in the judicial practice.In order to control this phenomenon, the civil procedure law add the suit of the third party discharge the judgment in the article 56(3) in 2O12.But the provision is too principle,and operate difficultly in the practice. On account of above reason,the supreme court explains the suit of the third party discharge the judgment in the independent chapter of the supreme court on the application of applying to the civil procedure law of People's Republic of China enacted in 2015. The explanation solves problems in the application of system and procedure,but entity constitutive requirements involves less.The paper bases on the empirical analysis, using huge data statistics and combing with typical case to give a qualitative analysis,and after discussing the constitutive requirement and entity of the suit of the third party discharge the judgment,the paper will give according suggestions.The author researches cases and put forwards habitual pattern creatively used in the suit of the third party discharge the judgment, then points out problems existing in the pattern. What's more, the author indicate that the longest time limit and expanding explanation restrictively for the proper plaintiff should be included in the suit of the third party discharge the judgment to avoid the third party abuse the right of action.The paper includes three parts:introduction,main body and epilogue, the main body has four chapters.Next the author will summarize the main body.Chapter 1 uses big data to analyze quantitatively for the judicial practice. One part of the data from China net written judgment,and the other part from selected cases.The author find that the suit of the third party discharge the judgment faces problems,such as the number of total cases is less, register difficultly,the rate of appeal is high and so on.Chapter 2 choose 4 typical cases,and find the problems existing in the practice of the suit of the third party discharge the judgment reflected by the cases, such as which kind of people are the proper plaintiff, what is the interest of the appeal,and how to avoid the third party abusing litigation right, whether the suit of the third party discharge the judgment can real prevent false case or not, and how to punish false case specifically.Chapter 3 discuss the suit of the third party discharge the judgment for the above problems. This chapter discusses the constitutive requirements and entity mainly and analyze the possibility of categorizing the proper plaintiff and whether the scope of entity stipulated by law is appropriate.Chapter 4 gives suggestions based on the above analysis. This part mainly discuss how to classify the case, prevent the third party abuse litigation right, punish false appeal strictly, combing the elements review to construct propulsion system of litigation and construct notification system of lawsuit.