The Establishment Of Complaint System Of Victim's Joining In The Fraud Litigation

The collusion for malicious admission made by the bilateral party during a civil lawsuit in order to make damage to the third party outside the civil process which is called fraud litigation often makes the victim find it difficult to search for remedy, especially join in the progressing process, and therefore the judgment and order become the accordance of tort.This paper is divided into five main parts of the majority, the first part of this paper is to outline the problem to be solved, that is fraud litigation . By analyzing the types of fraud litigation, we can draw that the narrow sense fraud litigation is the urgent one to be solved. The second part introduces the harm of the narrow sense fraud litigation and its causes. The unique danger is that the third party is not allowed to participate in the appeal, neither for a retrial.This is mostly because the laws in our country require that the third party own the independent right of request if he want to join the litigation. That means there should be legal relevance between the third party and the litigation which is in progress. The problem of fraud litigation in narrow sense is that the two parties of the litigation make a false object. This problem leads into the phenomenon that there is no relevance between the third party and the litigation in progress, and therefore the third party is shut outside the litigation. Finally because of the extending of execution power of the judgment, the third part suffers violation.The third part is the justice of the establishment of complaint system of victim's joining in the fraud litigation. In this part, we try to explore why we must establish a new appeal to resolve the narrow sense fraud litigation.Now because there is no focus provisions in law, in this dissertation, of the position on how to provide remedy for the victim, the author analyzed the defect of existing legal system and consulted to the theories and modes of legislation abroad, and at last advocated establishing the complaint system of victim's joining in the fraud litigation. The establishment will integrate the relational proposition putting forward by others before, and so that the victim could receive perfect remedy.This thesis tries to detect the principle of the harmfulness of the fraud litigation. The result is the source of the problem include both of the fabricated object of litigation and the utilization of execution power and the external factor is dependent right of request. Therefore although this thesis would not overturn the nowadays lawful system, it still established a new sort of suit outside theses system. In this these, the author defined the right of suit and structure of the suit, and then eliminate the influence of the problem of fabricated object of litigation and the utilization of execution power. Finally the author paid more attention to the coordination between the new suit and both the retrial and the objection to execution system. All these measures make the suggestion more operable.The forth and fifth parts are mainly about the construction of complaint system of victim's joining in the fraud litigation. These proposals are based on the study of the mainland Chinese legal and social status. In a perfect legal system and a high degree of credibility in the community, there is no easy existence and development of the fraud litigation. But in our case there were exceptional circumstances, the development of China's legal system is gradual while transformation of society is radical, therefore in such a new situation of not a high degree of credibility , a Judge will find it extremely difficult to discover the real in every like case if only relies on his experience. Moreover, the past research on this theory could hardly bring any well-beings because researches are mostly based on how to ensure a true case, safeguard judicial authority, while the scholars pay little attention to the relief of Claim Against Enforcement. This is what the bias of the starting point for legislative study yield to. Being different from the traditional starting point, this paper mainly tries to provide relief Claim Against Enforcement measures. According to this principle, the system is designed mainly on the appeal of Claim Against Enforcement conducted on this basis. Court should explore ways to improve its procedures in order to facilitate participation of Claim Against Enforcement to conduct the proceedings.Part IV is the theory part of the construction of the system. Based on the major participated merger theory, the author's theory comprises those who have no right of independent request, and the complaint did not represent their interests outsiders into pretends to prevent harm to join the appeal of the scope of protection; Part V Construction of the system is part of the practice, the paper under various stages of litigation, focuses on the applicable procedures, Limitation of actions and the effectiveness of the judgment.In addition, this paper will try to establish a new type of complaints, which means that the system designed not to favor any one party. Although this legislative proposal seeks to provide relief Claim Against Enforcement, but the laws should avoid preconceptions. While we have already lowered the standard to participate in the proceedings of the trial, we must strengthen corresponding to the original litigation protection Claim Against Enforcement of the rights of their confrontation. Only in this way will we achieve the balance of rights and obligations, will avoid overkill, and will consistent with the standards of procedural justice.