Research On False Litigation Victims' Plaintiff Qualification Of The Suit Of The Third Party Discharging The Judgment

The aim of China adopting the third party discharging the judgment is to strike the increasing cases of false litigation.The lawful rights and interests of victims of false litigation have been damaged by the judgment,but it is hard for them to initiate the suit of the third party discharging the judgment.Because the legislation stipulates that the eligible plaintiff is limited to third parties with independent claims regarding the subject matter of an action between two parties and those without independent claim but is an interested party in law to the outcome of the cases.The victim of false litigation is obviously not the typical eligible plaintiff,especially those who are only ordinary creditors that has no priority right to be repaid.That's only the first obstacle that the fraud victim faces.Secondly,according to the rules of judicial civil procedural interpretation by supreme court,the third party must be accompanied by evidence that its legal rights have been infringed by the previous suit.However,victims of false litigation often only have some clues and some not very sound proof.With no substantive evidence,there is no way for fraud victim to start the proceedings in the procedural.Lastly,which rights and interests of the fraud victim are infringed by the judgment can not be accurately defined.There are other remedies in China,such as retrials,outsiders execution opposition and other third-party remedies,but in practice,relief of victims of false litigation is of little effect.In the case of excessive evidence thresholds and relief lags,it is hard for the victims of false litigation get substantial relief.The current research on the eligibility criteria of the plaintiff against the third party is relatively rich,but the analysis of the internal cohesiveness of ordinary creditors infringed by false litigation as qualified plaintiff is less.The clarification of this content is an logical combing of the issue of the third party's revocation,which helps to understand and apply the system.This research is based on two typical supreme court cases to explore the plight of the plaintiff in the false litigation as a third party and it's qualification as a eligible plaintiff.Firstly,analyze the requirements of the eligible plaintiff for the third party discharging the judgment.Secondly,analyse the problems of those requirements,and refer some foreign legislation and experience to conclude a relatively criteria of the plaintiff's qualification.Thirdly,use extended interpretation,comparative interpretation and other hermeneutic methods to explore the eligibility of victims of false claims under the current law.Finally,propose suggestions of improvement of legislation and judicial determination so that the victims of false litigation can successfully be remedied through the third-party opposition system.