论诈害案外人恶意诉讼之程序法规制

恶意诉讼的形态多种多样,有些可以得到法律的规制,有些则由于法律制度的缺失,难以得到规制,以诈害案外人为目的的恶意诉讼即如此,因此应当考虑借鉴外国民事诉讼法上的经验,改革和完善我国的民事诉讼法,扩大有独立请求权第三人的范围,赋予权利被恶意诉讼侵害的案外人以诉讼参与权;扩大申请再审主体的范围,赋予权利被恶意诉讼者侵害的案外人以请求撤销生效裁判的权利。

On Regulating Malicious Litigations Initiated by Persons Other than Those Involved in a Case Through Procedural Law

The kinds of malicious litigations vary a lot. Some can be regulated by law, while others, because of the lack of legal regulation, cannot be provided for by law. Those malicious litigations aiming at deceiving persons other than those involved in the case belong to this type. Therefore, in order to reform and perfect China's Civil Procedure Law, we shall enlarge the scope of the third party with independent right of claims to endow persons other than those involved in the case the right of participating in the suit, whose rights are infringed on by malicious litigations, enlarge the scope of subjects applying for retrial and endow those persons the right of pleading for reversing the verdict.