Study On The System Of The Third Party Without Independent Claim Rights

The system of the third party without independent claim rights is absent for the existence legislation and there is the difference in the theory study. In legal practice, the system is dealt with each other. So, the basic issues of this system are needed to deal with carefully and review again to promote the reasonable ideas of settlement.The aim of the system of the third party without independent claim rights shall express the litigation protection of the interest party. Only on the base of determining the system's aim, can the study on the classification of the third party without independent claim rights resolve the several problems of the litigation and the judicature in this system. The traditional third party without independent claim rights is divided into two styles of the third respondent and the assistant third party. In the section, the third respondent enjoys the party's rights and bears the respondent's litigation obligation in the common procedure, but the assistant third party, without the features of the party, is the true third party " without independent claim rights".There is the substantial difference between the third respondent party and the assistant party in the aspects of the litigation obligation and the ways for the litigation and the time limited of the objection of jurisdiction and the result of the decision and the enforcement of the decision and so on.