On The Suit Of The Third Party Discharging The Judgment

In recent years,in China's judicial practice,more and more cases of malicious litigation and false litigation have occurred,that is,both parties of the original defendant in the lawsuit attempt to use the effective judgment documents formed by the court as the public power of the third party through the litigation procedure,thus causing damage to the legitimate rights and interests of the third party outside the case.Therefore,the third party revocation lawsuit system is introduced in our country.In this paper,by using comparative analysis,types,analysis and other research methods,from the third person to cancel the suit is the basic theory,through the analysis of related concept and the nature,through the system of the nature of academic definition has a "v" formed theory and other different theories,to deepen understanding of the system itself in the comparative study,comparing with other third person further relief system.At the same time,the third party revocation system in France and Taiwan is analyzed and discussed,so as to build the third party revocation suit in line with China's national conditions and better serve the judicial practice.Combined with the current situation of the system in China,through the state of the legislative status quo,the system is deconstructed.Put forward the eligibility of the plaintiff in the judicial practice in our country is difficult to identify,initiate the review form and the content is not clear,lack of effective legal remedy judicial organs,malicious initiate a third person to dismiss the lawsuit is often happened such as deficiency,combining with the judicial application,this article analyzes the objective and subjective reasons,its further put forward the improvement of the litigation of our country the third person to cancel the Suggestions,including clear rules of the system the qualification cognizance of the subject,its examination implements the examination as to substance,the court shall be notified to fully advance,increasing by a third person to revoke the v.litigation right and litigation rights abusers punishment dynamics,In order to better serve the judicial practice,improve the application of the system.