The Plaintiff Qualification Of The Suit Of The Third Party Discharging The Judgment

Suit of the third party discharging the judgment is added into the Civil Procedure Law in China. The provision of the suit is simple but significant. It is a breakthrough in protection of the rights and interests of the third party. However, the plaintiff qualification of the suit is not explicitly stipulated. It is necessary to lay down a reasonable judicial interpretation based on the relevant theory, which could clearly define the plaintiff qualifications. Only in this way can it really produce positive effect.The first part of the paper starts with current legislation of the plaintiff qualification of the suit of the third party discharging the judgment. Analyzes the legislation background of the suit. In order to protect the interests of the third party and regulate the false action, the suit is added into the Civil Procedure Law. The original meaning of the plaintiff qualification of the suit of the third party discharging the judgment in current legislation should be the third party not to participate in the former proceeding., not the third party with independent claim and the third party without independent claim. And then analyzes the problem of the suit in theory and in practice. The problem including the following aspects: First, proceedings repeat setting. Second, plaintiff qualified too narrow. Third, the absences of eligibility requirement.The second part of the paper is theoretical horizon of the litigant qualification of the suit of the third discharging the judgment. First, this chapter describe the broadening of the subject cope of res judicata, profit of actions and the third party procedural guarantee.The third party not to participate in the former proceeding need procedural guarantee. Second, based on extraterritorial investigation analysis the existing third party protection procedure in internal legislation.The third part of the paper describe the proper plaintiff of the suit. Combine the reality of our country and extraterritorial investigation, the proper plaintiff should meet the following conditions. First, the third party not to participate in the former proceeding. Second, the third party with profit of actions. Third, justification for the absence of litigation. Lase but not least, no other relief procedure.The fourth part of the paper describe whether the third party is a proper plaintiff of the suit of the third party discharging the judgment. Analyzes the scope of the plaintiff. Based on this evidence, analyzes the type of he proper plaintiff.. The proper plaintiff is classified into three categories: First, the third party with independent claim. Second, the third party whose legal interest was affected by the judgment. Lase but not least, indispensable parties not to participate in the proceeding.