Research On Perfection Of The Suit Of The Third Party Discharging The Judgment

The effective judgment and the arbitral award are legally binding on the parties that participate in the procedures of litigation and arbitration.Generally,the effective judgment and the arbitral award will not damage the legitimate rights and interests of the third people,but the false litigation and the malicious litigation will be.In order to protect the legitimate right of the victims who not participating in the false litigation and the malicious litigation,the law needs to set up a system that can play a protective role.In some foreign countries and regions,such as France and Taiwan,the system of the revocation suit of the third party has been relatively mature,and there are also some similar systems in other countries and regions.China,in 2012,established the system of the revocation suit of the third party which was detailed in the form of judicial interpretation in 2015.However,the system of China has the features of setting up relatively comparatively late,legal provision comparatively rare and some issues in legislation,so it worth-es researching deeply.Compared the system of the revocation suit of the third party of China with the French and Taiwan's in concept,nature,elements,legislative background,specific procedures and legal effect,the author,meanwhile referring to legal status of the similar system of the other countries and regions,analyzes the positioning of the procedures,the standard of the plaintiff's qualification,the scope of the revocation object,the stipulation of the trial procedure,and the running of the external environment of the system of the revocation suit of the third party of China.Because of there being several problems on the system of the revocation suit of the third party of China,such as the program positioning not reasonable,the standard ed plaintiff qualification narrowly,the revocation of object not correctly,the trial procedure not specific and the system disconnected with the other related systems,the author,drawing on the experience o verses,puts forward some targeted legislative proposals,including to adjusting the legislation,clearing the standard of plaintiff,adjusting the revocation of object,improving the trial procedure and optimizing the external environment,for the expectation of promoting the system of China.