On The Third-Party’s Intervention To Prevent Fraud Litigation

A third-party’s intervention into a pending "fraud litigation" is a claim brought by a third party against one or two parties in a pending lawsuit,alleging that the result of the lawsuit may harm his or her potential interests.Though usually the third-party’s intervention system to prevent fraud litigation is based on the fraud litigation,it’s not absolute.As long as the result of the lawsuit harms the interests of the third party,could the third party file a lawsuit to invent the before one.Generally speaking,a lawsuit is undertaken between two parties who have the conflicted interests.Though usually the result of the lawsuit will not affect a third party,sometimes it may harm a third party’s legal interests.Under Chinese law,a third party may be able to join a lawsuit between other two parties if he or she has an independent legal claim on the subject matter of the pending lawsuit,or he or she can fall within the category of certain third parties that allowed to join the lawsuit notwithstanding the lack of independent standing.In other situations,a third party may not be able to join a pending litigation between two other parties,but has to wait until the result of the pending lawsuit comes out.Then after,the third party may file to revoke the court order,object to the enforcement of the court order,or file for a retrial.These aftermath remedies for third parties will cause delays of judicial corrective-ness and may result in judicial waste.Therefore,a system that allows a third party to intervent into a fraud litigation plays an important role in protecting a third party’s legal interests.This article,except for the parts of introduction and conclusion,consists of 4 parts,and counts of 30,000 words.The part of introduction points out the value of third party’s intervention into a fraud litigation based on the common practices in civil litigation,and provides a roadmap for this article.The first part of this article underlines the justifications for establishing a third party’s intervention system to prevent fraud litigation based on the principles of litigation economy and procedural justice.Nowadays,civil litigation is not only to pursue a single theoretical value,but to achieve the balance between different values.It is said that there may be some conflictions between the two underlying principles for civil litigation-principle of "solving the problem in one time" and principle of "procedural justice".This third party intervention system is deemed to balance between the principles.The second part discusses the necessities,conditions,structure,and trial proceedings for a third party intervention system.Also,it introduced the Japanese view on this issue,and compares it with other theories.In addition,the author gives her own thoughts on the different theories.The third part compares Japanese law and Taiwanese law.It lists the advantages and disadvantages of the two systems,lying out the references for the establishment of China’s own system.The fourth part of the article proposes the establishment of China’s third party intervention system,mainly articulating the necessities,structure,and procedures.In addition,the author also proposes a supportive device—the court’s duty to disclose in the pretrial proceeding.In the conclusion,the author summarizes the main points of the article,and articulates some specific steps to realize the proposal of the establishment of the third party intervention system.In addition,the author expresses her wishes to put in her efforts to the establishment and development of the third party intervention system by providing her own legal advices.