On The Third Party's Revocation Lawsuit

With the development of economy,civil and commercial transactions become more and more frequent.Under the guidance of interests,the phenomenon of malicious collusion of the parties in false litigation often occurs.In order to combat this kind of phenomenon,the suit of the third party discharging the judgment arises at the historic moment.The implementation of the revised civil procedure law in 2012 marks the formal establishment of the suit of the third party discharging the judgment in China.The interpretation of the civil procedure law issued in 2015 has made detailed provisions on the subject,object and prosecution conditions of the suit of the third party discharging the judgment,and pointed out the direction for the trial practice of the suit of the third party discharging the judgment.In 2019,the national court civil and commercial trial working conference was held,which gave creditors the right to file the suit of the third party discharging the judgment,and clarified the priority of consumers' real right expectation right.In order to analyze the practical operation of the suit of the third party discharging the judgment,this paper takes real cases in the trial practice as the starting point,examines the problems existing in the operation of the system through practical investigation,and analyzes the causes of the problems.This paper puts forward solutions to the problems of subject and object,procedural guarantee,coordination and connection with other relief systems and judicial review standards from two aspects of legislative system and judicial practice,aiming to provide effective suggestions for the improvement of the suit of the third party discharging the judgment in China.