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

To cope with the increasingly serious fraud litigation and protect the legal rightsof the person not involved in the case, the suit of the third party discharging thejudgment has been introduced into the civil procedure law of the latest revision. Notonly has the new litigation procedure been regarded as a relief approach to the thirdparties affected disadvantageously by the judgment force, but also brought a ray ofhope to the deeply injured parties of the fraud litigation.As a new independent legal proceeding, how to correctly understand and applythe specific procedure is not only a problem urgently to be solved in practice, also actsas the risks to the stability of the judicial judgment. However, the haste of its passageand merely170words of the specification content cast a shadow over the functionrealization of the suit system of the third party discharging the judgment. Much worse,the questions in the system would have side effects on the protecting of the thirdparties. Based on the analysis of the value of legislation and problems existing in theprocedure, the article argues the reasonable explanation of the application combinedboth practical and theoretical views with the perspective of comparative law.On the structure, the article is composed of four chapters except the parts ofintroduction and epilogue. Besides the meaning of the procedure of discharging thejudgment by the third party, the chapter one mainly introduces the function value ofthe system, aiming to reveal the value under China’s national conditions with the observation of the foreign law, integrated with the specific local context. The chaptertwo takes the comparison between the discharging suit by the third party and otherproceedings in connection with it, such as the procedure for trial supervision, theobjection procedure in execution course by the person not involved in the originaltrial, as the main line, through the analysis of each procedure’s own characteristics tofind out the defects in relieving the merits of a third party. Thus expound and provethe necessity and the unique application value of the establishment of the dischargingsuit by third party. The third chapter puts forward several questions concerning theoperation of the suit proceeding and make a detailed inquiry about the leaks inregulation from the two perspectives of theory and practice. The final chapter takesthe problems which have been thrown out in the previous two chapters as the object,specifically using the effective extraterritorial legislation for reference to come upwith some opinions and suggestions to solving the difficult matter facing by thepractice.