第三人诉讼资助是由非诉讼利益相关方的第三人对诉讼当事人一方进行资助的诉讼实践。历史上,第三人诉讼资助曾一度被视为犯罪或侵权行为。随着社会的发展,该诉讼实践逐渐被法律承认,并被认为是能提高接近正义的社会福祉。在世界范围内,第三人诉讼资助的实践发展程度各有不同,资助的模式也存在相应的变化。即使是各个普通法国家,各国的实践仍存在较大的区别,这与诉讼费用的制度安排和法律观念有很大的关系。第三人诉讼资助受到了多方面的质疑,主要涉及对接近正义价值实现的怀疑,诉讼程序的滥用以及诉讼主体与律师伦理问题等。针对这些问题,不少国家积极探索并在一定程度上发展了相关的监管措施,但还需要进一步完善。从长远来看,面对着日益严重的诉讼成本问题和大规模侵权频出的问题,诉讼资助对我国有重要的借鉴意义。 Third-party litigation funding is the litigation practice whereby a third party who is not a litigation interested party pays for litigation. Historically, third-party litigation funding was once considered a crime or infringement. With the development of society, the practice of litigation has gradually been recognized by law and is considered to be able to raise social welfare close to justice. In the world, the degree of practical development of third-party litigation funding varies, and the mode of subsidy also varies accordingly. Even in all common law countries, there is still a big difference in the practice of various countries, which is closely related to the institutional arrangement of legal costs and legal concepts. Third party litigation funding has been questioned in many ways, mainly related to the suspicion of the realization of the value of justice, the abuse of litigation procedures and the lawsuits of litigants and lawyers ethical issues. In response to these problems, many countries have actively explored and to some extent developed related regulatory measures, but they still need further improvement. In the long run, in the face of the increasingly serious litigation costs and the problems of large-scale infringement frequently, litigation funding has important reference for our country.