| The third-party litigation financing system means that investors in litigation financing bear litigation costs for litigants.An investment method in exchange for part of the income or return in case dispute resolution,which comes from the actors From the perspective of the scope of application,it is not only applicable to litigation In the process,the same applies to the diversified dispute resolution mechanism;from the perspective of behavior mode,the third party The parties provide funds to obtain benefits after winning the lawsuit or resolving the dispute by other means.Obtaining returns is in line with the concept of investment and financing.The third-party litigation financing system contains two basic contents:For litigation cost transfer mechanisms and investment and financing arrangements,it is necessary to formulate corresponding legal systems to regulate The legal relationship of the third-party litigation financing system,the author discusses the rights and obligations,objects,objects,and damages of all parties.The compensation method was further analyzed.My country’s judicial reform has entered a deep-water period,and it is also faced with problems such as excessive litigation costs.The third-party litigation financing system provides a broader view of my country’s litigation cost sharing mechanism and can effectively reduce the litigation burden of commercial entities.my country’s third-party litigation financing system is still at a blank stage in legislation,but from the similar third-party litigation financing systems that have emerged in my country,such as "lawyer risk agency","litigation insurance","legal aid and judicial relief",etc.,my country The development of a third-party litigation financing system has been institutionally guaranteed.The development of my country’s economic market has also spawned the soil for the development of the third-party litigation financing system in our country.Some third-party litigation financing cases have also occurred in the cases that have been explored,which have preliminary experimental significance.However,the development of the third-party litigation financing system in my country still has problems such as insufficient regulation of third-party litigation financiers’ litigation control rights,lack of definition of the scope of the third-party litigation financing system,and lack of combing third-party litigation financing contracts.In order to solve the above problems,my country needs to further improve the legislation of the third-party litigation financing system,clarify the information disclosure obligations of third-party litigation financiers,strengthen coordination with other litigation cost sharing mechanisms,establish and improve industry regulatory mechanisms and industry self-regulatory organizations,with a view to The tripartite litigation financing system can develop healthily and steadily in China. |
