Analysis Of The System Of The Suit Of The Third Party Discharging The Judgment

In Paragraph 3 of Article 56 of the Civil Procedure Law of the People’s Republic of China(Hereinafter referred to as "the civil procedure law")revised in 2012,it was stipulated that if it was held by a third party who failed to participate in proceedings for non-personal reasons that the effective judgment document infringed his rights and interests,it shall have the right to file a lawsuit afterwards to request the cancellation or change of the effective judicial document.Generally speaking,as a new suit system,the Suit of The Third Party Discharging the Judgment was established in the paragraph.It was set up specifically in The 2015 Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China(Hereinafter referred to as "the interpretation of the civil procedure law").There were twelve articles about the specific provision on the operation mechanism of the system.Since then,from the formal point of view,the Suit of The Third Party Discharging the Judgment formed a complete third-party protection system in combination of the existing systems of the Third Party to Participate In The Suit,the Outsider Retrial Proceeding and the Outsider Raises Objection to the Appeal.It has been in operation in China for more than five years since the specific operation procedure of the system was specified in the interpretation of the civil procedure law in 2015.In addition,a certain related judicial experience has been accumulated in practice.It should be affirmed that the Suit of the Third Party Discharging the Judgment plays an important role in the protection on the rights and interests of the third party outside a case and the understanding of the system has become clear gradually in theory and practice.However,the problems about the operation of the system have become prominent increasingly.The reasons for the establishment of the Suit of the Third Party Discharging the Judgment in China are taken as the starting point in the paper.The constituent elements,procedural arrangements and external operating environment of the system are analyzed and demonstrated specially.The problems about the operation of the system are pointed out clearly.It is also attempted to find an improvement way to make the system play its due effect.This paper is divided into four chapters.The basic content is as follows.In the first chapter,the reasons for the establishment of the Suit of the Third Party Discharging the Judgment in China are mainly explored,including the legislative background,the theoretical basis and the practical need.In the second chapter,the subject and object of the Suit of the Third Party Discharging the Judgment are discussed specially.The subject of the system is directly consistent with that of the Chinese third party system,namely the third party with independent claims and the third party without independent claims.The object includes judgment,mediation and ruling.In the third chapter,the procedural structure of the Suit of the Third Party Discharging the Judgment is explored,mainly including the jurisdiction court,the filing time,the trial procedure and the judgment way.In the last chapter,the external operation environment of the Suit of the Third Party Discharging the Judgment is analyzed.The systems of the Third Party to Participate In The Suit,the Outsider Retrial Proceeding and the Outsider Raises Objection to the Appeal are taken as the breakthrough point to introduce the relationship between the Suit of the Third Party Discharging the Judgment and other relevant systems as well as the application order specially.