Study On Discharging The Judgement By The Third Party

In the judicial practice of our country, civil actions adversely affecting the legal interests of the third parties frequently happen. The relief systems of the pre-revised "Civil Procedure Law" mainly include the third party participating the lawsuit, opposition to execution and third party’s applying for retrial. Due to the various deficiencies of the above-mentioned systems, it is hard to effectively protect the legal rights of the third parties.In order to solve the problem of increasingly rampant fraud and malicious litigation and protect the legal rights of the third parties, the revised "Civil Procedure Law" adds the suit of the third party discharging the judgment, which has several highlights, such as the extension of the protective corpus, connection with the safeguard in anticipation and confirmation of the causes to litigation. However, since such system is adopted recently, simple provisions, lack of relevant supporting systems and other problems trouble the judicial practice.Firstly, this article gives a brief introduction to the suit of the third party discharging the judgment, including the connotation, nature and characteristic. Secondly, based on the research of the legislative background, this article demonstrates the necessity and legitimacy of setting up the suit of the third party discharging the judgment, also the legislative purpose, orientation and essentialism are further discussed. Moreover, the comparisons with other similar systems in the civil action of our country and other civil law system countries are conducted. The differences found from the comparisons are used to provide references for the legislation. And then through the analyses of classic cases of such system, this article studies the application of such system from the prospective of the practice. In the end, the approaches of improving such system and its supporting systems are put forward.