| "Victims of fraud litigation," the term originated in Japan in the theoretical study of Civil Procedure, "take part in the proceedings to prevent fraud victims." "Take part in the proceedings to prevent fraud harm" means has been established for the Department of litigation,the third person other than the parties that the outcome of litigation because of damage to the right, or the subject of the proceedings that the rights of some or all of the the third person to participate in the ongoing proceedings. By definition, we can understand that the indirect "victims of fraud litigation" refers to both parties based on the illegal purposes through legal proceedings to obtain the "legal" way of ruling, against the acts of the legitimate rights and interests of others. However, the Civil Procedure Law of China's existing legal system in such cases it is difficult to damage the rights of the third person to provide an effective means of relief, so that the appeal of the verdict of infringement evidence has become.In this paper, drawing on foreign experience in the Civil Procedure Law, Civil Procedure Law of China's relief about the third person to carry out a certain way of thinking: the expansion of our country to take part in the main scope of the proceedings, so that fraud victims rights have been infringed a person who is not involved in the case have take part in the proceedings rights; at the same time be given to the rights of victims of fraud proceedings against the revocation comes into effect a person who is not involved in the case to request the right to appear; again, perfect actions filed by a third person on the subject matter of enforcement, so that in the implementation process rights have been infringed a person who is not involved in the case can be a more comprehensive relief.The full text is divided into three parts, the article discusses the first part of a large number of fraud victims litigation situation occurred, an analysis of the concept of fraud victims and the characteristics of the proceedings, and its causes. In recent years, with economic and social development, legal awareness of citizens of our country with substantial increases in the society have had a dispute, the citizens are willing to be resolved through legal channels. However, there are some people begin to use legitimate means to achieve the unlawful purpose, "victims of fraud litigation," has become the court and the trial judge had a headache one of the issues. Fraud victims are referring to the original lawsuit accused the parties through the fabrication of false truth, malicious collusion, so that the third person outside the case of the legitimate rights and interests of damage litigation, other litigation has different characteristics. This article from the victims of fraud litigation, and consider the procedural law fraud victims regulatory proceedings inadequate legislation to resolve two specific victims of the fraud causes of action, set up false leads to a relief mechanism for victims of the need for litigation.A Comparative Study of the second part of the Civil Procedure Law of the countries of fraud victims on the right relief of a person who is not involved in the case, take part in the system from the main victims in the provisions to prevent fraud and take part in the third set up after the withdrawal of objections against people and improve actions filed by a third person on the subject matter of enforcement .three countries discussed the Civil Procedure Law of relief the rights of a person who is not involved in the case. To clarify the "victims of fraud litigation," the relief system design are taken first thing in the permit in the third person to participate in this appeal, that is, take part in the prevention of fraud victims, giving the third person like the plaintiff's right of action to protect the third person the legitimate rights and interests; followed after at the end of proceedings when the fraud victims, the law allows to be against the interests of a person who is not involved in the case enjoy the right to apply for revocation of the entry into force against its decision, the mediation of the book rights, and at the implementation stage a person who is not involved in the case has filed objections to the right of v. to regulate the system of litigation fraud victims. To sum up, the conclusion should be engaged in and after a person who is not involved in the case at two aspects of the fraud victims rights litigation relief.The third part of the right to return to set up relief of a person who is not involved in the case specific system .set up to take part in the prevention of fraud victims and suing of the third person of revocation , as well as improve actions filed by a third person on the subject matter of enforcement. First of all, victims of fraud set up to prevent the need to take part in the system and the specific elements of the two aspects to prevent fraud victims take part in the establishment of the appeal. Next, the third person to withdraw the appeal raised a number of established views, to clarify the suing of the third person of revocation to conduct litigation by victims of fraud, or due to the decision to determine the effectiveness of the adverse effects of being outside of the original litigants the third person, because of non-attribution (to) the reasons for its own failure to take part in the original proceedings, so that should not put forward in favor of their own and influence the outcome of the factual or legal claim, which brought to the court to withdraw the original decision of the trial to determine the v.. Belong to such proceedings after the relief process, with the prior relief procedures and the formation of the corresponding complementary. In addition, perfect actions filed by a third person on the subject matter of enforcement entities in the implementation stage of its rights had been violated a person who is not involved in the case 's relief. |
