The Research Of The Accessory Intervener

The function of the system of accessory intervener mainly lies in maintaining social justice, promoting economical litigation and avoiding contradictive judgment. The system of accessory intervener in our country is born out of Civil Procedure Law Code of Soviet. And it develops on its own way on the basis of digesting and absorbing. But the present legislation in our country is too simple and shallow, so the most of theoretic researches discuss this system in terms of the glossator. The opinions of all law schools are variant. The confusion in the theory causes consequences that each judicial branch operates in his own way. The reason is that Civil Procedure law of China involves the two different third party. It flogs a dead horse and also no good for us to explain two different accessory interveners with the only theory of the accessory interveners.We use for reference from the advantage of the classification of the third party in a lawsuit in foreign countries. Accessory interveners divided between the third defense absorbed and the third party who are auxiliary interveners, which bases on the split. principle of trials and litigation, and regards whether the third party burdens civil liability or not as a criterion. The classification of accessory interveners mentioned is the fundamental outlet to cure the chronic disease of the system of accessory interveners in our country. This thesis premises the mentioned classification and discusses the form and position of intervention in suit, the status in litigation and the validity in judgment. The aim is to push forward to the reconstruction of our system of accessory interveners.