The Research Of Coordination And Application On The Suit Of The Third Party Discharging The Judgement And Relevant Systems

The suit of the third party discharging the judgment shall be added into our new Civil Suit Law. It's a special way of relief, the main purpose of which is to protect the lawful rights and interests of the third party. In the world, the number of countries having this system of the suit of the third party discharging the judgment is not much large, and there are so many distinctions between purposes and contents of this system in these countries. Basing on France and Taiwan, we started to establish the system. Since the system was built, scholars have paid widespread attention, but some in actual field remain prudent. Because of flaws of this system, it's not easy to separate the suit of the third party discharging the judgment from the relevant systems so that it's usually puzzling to apply this system in justice practice. The paper will analyze and discuss the coordination and application of the suit of the third party discharging the judgment in China. Comparing to the similar regulations in Other typical countries and regions, we will find the flaws in coordination between the suit of the third party discharging the judgment and relevant systems, and provide some suggestions to improve the coordination and application of this system. Nowadays, the researching and comparing on this subject are not usually found in our academic field.There will be five following parts to solve the problems of coordination and application of the suit of the third party discharging the judgment. The first part will explain the value to research the coordination and application of the system, and bring out the topic of this paper. The second part will focus on the meanings and theoretical bases of coordination and application, the implication and nature of the suit of the third party discharging the judgment with the comparison and analyses of the other relevant systems in our country. In this part, we will attempt to coordinate the diversities of different systems applied in practice by comparing the litigation by the third party, the dissent litigation by the third party and the litigation applied to be tried again by a person not involved in a case to the suit of the third party discharging the judgment, so that to avoid the uncertainties in practice because of the repeat rules in systems. The third part is to introduce the relevant legislation in other countries, and examine the concrete details of coordination and application on a litigation as an example for us. The fourth part discusses the problems of the suit of the third party discharging the judgment in our justice practice, and deeply illustrates why the problems occur. Finally, we propose some advice standing on the facts to resolve the problems from aspects of law regulations, correspondent systems, security measures, and discuss how to build the system in detail and how to coordinate the correspondent systems effectively. These reasonable proposals for coordination and application can promote the inner connection of protective system of the third party's rights and interests, eventually to realize the value of the suit of the third party discharging the judgment.