On The Applicable Conditions For The Third Party To Cancel The Suit

The system of cancelling the judgment by the third party was set up by<Civil Procedure Law of the People's Republic of China>in 2012.The legislative purposes of the system is to curb fake litigations,prevent contradictory judgments and replace the system of applying the retrial by the third.The theoretical basis of this system is diverse.Except "One-off solution to dispute" and procedural safeguards,there is still the idea of"Justice for the people" under the background of fully promote the rule of law.The applicable conditions of this system have some problems such as being linked to the system of the third party,being difficult to deal with fake litigations and legal confusion.This system is broadly prescribed in France and Taiwan Province of China.What's more,they take the judgment validity system as reference.Taiwan Province of China is doing classification academically.Inspired from France and Taiwan Province of China,the author is trying to do classification from the perspective of judgment effectiveness.Judgments have resiliency,executive force,forming force and reflective effort.The situations of being affected by judgment effectiveness can be corresponding to the types of judgment.It is beneficial to find the applicable conditions by doing classification in the perspective of judgment effectiveness.Our system of cancelling the judgment by the third party is facing the predicament of lacking the judgment validity system and the narrow applicable conditions.The establishment of the system of judgment effectiveness is necessary,especially the resiliency system.In principle,the third party is not bound by the judgment in the resiliency system.Even if the third party is infringed by the judgment,he can file a lawsuit instead of cancelling the former judgment.In the choice of system,the system of cancelling the judgment by the third party is superior than retrial system,the litigation of dispute is superior than the system of cancelling the judgment by the third party.It is not reasonable to associate the system of cancelling the judgment by the third party with the system of the third party in the applicable conditions.Because of the lack of the judgment validity system,we can take judgment validity system as reference to confirm the third person without independent claim.When the judgment validity system comes true,the system of cancelling the judgment by the third party can separate from the system of the third party and broadly stipulated.