A Third Person Discrepancy Claims

This thesis starts with the succor execution in civil cases and shares the facts of the third party counterclaim, covering its construction, implementation, development. The author analyzes it under the whole case and tries to figure out the reasonable corn and essence of the third party counterclaim. With the legal experience overseas and in Taiwan, the author proposes specific strategies and the institutional design for the lawsuit of the third party counterclaim.Generally speaking, there are four chapters in this thesis.In the first chapter, the author shows the general information and fundamental issues about the third party counterclaim. It starts with the content and meaning of the third party counterclaim from the perspective of succor execution in civil cases. And then, the author analyzes the core elements of the third party counterclaim, i.e. the parties and the objection. At the end, the author shares the features and functions of the third party counterclaim compared with the relevant concepts.The second chapter deals with the institutional fundamentals, which is also called the legal features of the third person counterclaim. Based on the litigant objects theories, the author concludes that it is more appropriate to define the third party counterclaim a negative action.In the third chapter, the author compares the institutional modes and legislation rules concerning the third party counterclaim in common law systems and civil law system. Based on the comparison, the author suggests a blueprint to complete the institutional system in our country.In the fourth chapter, the present status of the third party counterclaim has been analyzed at first. From this analysis, the problems existing in the implementation of the relief for the third person in our present legal system and the reasons that caused them have been pointed out. Then the specific strategies and the design of the system to realize and optimize the third party counterclaim have been proposed. In this thesis, the opinion that in our country, the essence that the third party counterclaim should pay attention to is the implementation and realization the third person has been expressed. Besides, sound system of third party counterclaim should neither copy mechanically and apply indiscriminately from other countries nor be as difficult to put into practice as the existing one. On the contrary, it should be rooted in our legislative practice to meet our nation's situation and the development direction of the constitutionality in the future.