The Civil Relief Approach For The Outsiders Of Fraud Litigation

In2012, a system to protect the rights of person not involved in the case was added to Civil Procedural Law, which is the third party revocation lawsuit system. Together with system of application for retrial, it constitutes China’s system of right protection for persons not involved in the case. The system of application for retrial and the third party revocation lawsuit system are targeted at inaccurate judge, arbitration, verdict, and meditation, performed by the court and also proven legally effective, which refers to valid legal documents issued by the court and violating the legal rights of persons not involved in the case. This paper mainly discusses the system of application for retrial and the third party revocation lawsuit system in China, where overseas similar systems have been used for reference. Then comparison between two systems has been conducted, in order to identify the shortcomings of Chinese system and provide reasonable suggestions to protect legal rights of persons not involved in the case.Introduction Part mainly focuses on analyzing the current phenomenon of violating legal rights of persons not involved in the case by litigants through litigation. Frequent occurrence of fraud litigations not only incurs damage to the legal rights of persons not involved in the case, but also leads to waste of judicial resources as well as poses threat to judicial authority. The system of application for retrial and the third party revocation lawsuit system have been established in China to protect their legal rights.In Part One, analysis of the Chinese system of application for retrial and the third party revocation lawsuit system is conducted, and afterwards demarcation of the two systems is discussed. Comparison of their applicable conditions is made in accordance with Civil Procedural Law. Furthermore, legislative considerations of these two civil relief approaches are analyzed in that an increasing number of verdicts related to third party rights come into force and fair and impartial litigation is always pursued, while fraud litigation violates the fair and impartial spirit. In response to fraud litigation, these two civil relief approaches are stipulated.In Part Two,overseas system of application for retrial and the third party revocation lawsuit system are discussed, of France, Taiwan, Macao, which bears some referential value for the perfection of ours.In Part Three, deficiencies in China’s relief approaches of fraud litigation towards the person not involved in the case are explored. Our Civil Procedural Law and judicial interpretation just laid superficial regulation on application for retrial of person not involved in the case. Retrial cases has mounted and accordingly the present stipulation is confronted with more and more confusion and application ambiguities. The main shortcomings of our retrial system by person not involved in the case are irrational legislative style, limited application, rough procedure design and difficulty in obtaining evidence by person not involved in the case. Although Civil Procedural Law formulates the third party revocation system, but its detailed application is only discussed among the academia, rather than in real judicial practices.In Part Four, suggestions are listed to perfect our relief approach of fraud litigation. Our rights protection system for person not involved in the case consists of application for retrial and the third party revocation lawsuit system, and meanwhile we consider the censoring of fraud litigation suits in judicial procedure. Before courts handle the cases, legal rights of person not involved in the case will be protected. Specific regulations on the scope of persons not involved in the case and reasons for retrial application should be set up in the law, so is the third party revocation litigation.