On The Plaintiff Status Of The Third Party In Fraud Litigation

Article 56 of the Civil Procedure Law of the People's Republic of China stipulates that the plaintiff who can initiate a lawsuit of participation and revocation is limited to the third party who has independent right of claim and the third party who has no independent right of claim.This leads to the fact that the rights and interests of the third party in fraud litigation are not protected by the pre-remedy procedure in the course of litigation;after the judgment of this action comes into effect,the third party in fraud litigation can only apply to the court for retrial or relies on the way of appeal to relieve it,but these two ways of relief have complicated procedures,many obstacles,high thresholds,and their rights and interests are difficult to get complete.Many scholars advocate that the third party in fraud litigation should be included in the scope of the plaintiff who participates in the litigation and withdraws the litigation,but there are different opinions on the definition of the third party in fraud litigation.Taking a judicial practice case as a starting point,this paper reflects the realistic dilemma faced by the third party in fraud litigation,and defines the definition of the third party in fraud litigation.That is to say,the third party in fraud litigation means neither the third party with independent claim right nor the third party without independent claim right,and there is evidence to prove that the action involves fraud litigation and damages its civil rights and interests,and that the defendant of the action has no financial resources due to the effectiveness of the ruling,judgment and conciliation of the action,and that creditors who do not have priority over the subject matter of the execution of the action.This article demonstrates from the angle of necessity and legitimacy that the third party in fraud litigation should be granted the plaintiff status of participating in the litigation and revoking the litigation.At the end of the article,it puts forward legislative suggestions that the third party should be included in the plaintiff scope of the two third party systems as an independent third party.