论第三方诉讼融资在我国引入的正当性

On the Legitimacy of the Introduction of third Party Litigation Financing in our Country

摘要: 在经济不断发展的当下，社会纠纷的数量也在不断上升，诉讼作为化解纠纷的一种重要方式，通过诉讼途径解决纠纷的成本却不是所有实体权利当事人都能承担的，尽管我国存在着司法救助和法律援助制度，但是其本身所适用的范围并不大。第三方诉讼融资作为一种为当事人进入诉讼提供资金的制度，在国外已有多年实践，我国也存在相应类似的投资机构，但有法院认为该制度所涉的协议存在控制诉讼权的条款，将有损诉讼秩序、异化司法的公共属性、背离息讼止争的核心价值，违背公序良俗，因为将此类协议认定为无效。但本文拟从比较法的角度，分析各国对第三方诉讼融资制度的态度及实践现状，深入分析该制度运行的条件，探讨在我国引入该制度的正当性。

Abstract: In the current economic development, the number of social disputes is also rising. Litigation, as an important way to resolve disputes, the cost of resolving disputes through the litigation approach is not all the entity right parties can bear. Although there is judicial rescue and legal aid system in our country, its own scope of application is not large. Third party litigation financing, as a system to provide funds for the parties to enter the litigation, has been practiced in foreign countries for many years, and there are corresponding similar investment institutions in China. However, some courts hold that the agreement involved in this system contains provisions to control the litigation right, which will damage the litigation order, alienate the public attribute of justice, deviate from the core value of litigation and dispute settlement, and violate public order and good customs. For holding such agreements void. However, from the perspective of comparative law, this paper analyzes the attitude and practice status of the third party litigation financing system in various countries, deeply analyzes the operating conditions of the system, and discusses the legitimacy of introducing the system in our country.