On Improvement Of The Third Party Without Independent Claim System

China's Civil Procedure Law of the third party without independent claim system is the establishment of the system learn from their foreign counterparts, and with similar complementary to participate in the civil law system and the Anglo-American law, a defendant to introduce "third party defendant" litigation system. The original intention of setting up the system is to achieve economic action to prevent conflicts referees and the protection of the parties and the legitimate interests of third parties set up. Without independent third-party claim system is conducive to safeguarding the rights of third parties and will help ensure accurate facts of the case found that are conducive to the promotion of lawsuits's economy and the impartiality of the court cases of a referee in a civil action is an important system.However, in our current legislation and judicial practice, the third party without independent claim system have some deviations, resulting in no independent claim our rights and obligations of a third apparent imbalance, affecting the fair and efficient. Therefore, this article from our the third party without independent claim system in the legislative and practical problems, combined foreign legislation, practice and theory, rational referring to foreign the third party without independent claim system of China's third-party system improvement recommendations designed to improve China's the third party without independent claim system.The article is divided into four parts.Part I: non-self-claim system and its theoretical basis for a third person. On the third system, and the third party without independent claim system of claim theoretical analysis, described in detail a third system of related concepts and characteristics of the third person in the history of evolution, and features a brief introduction; from v, and subject matter of litigation and other theories for further analysis of the theoretical basis for third-party system.Part II: the system of foreign-related legislation, practice and theory. Were investigated in France, Germany, Japan, the United States these countries, a third system, any participation of France and forced to participate in, Germany, the main participants and supporting participants, the main participants in Japan, supporting participation and co-participate in the proceedings , the United States as the right to participate in the proceedings and any proceedings to participate in a brief introduction and assessment, access to non-self in the reconstruction of China's claim during the third system should learn from experience.Part III: China's claim without an independent third party system is a number of issues and causes of analysis. Through our current non-self-claim third of its legislative, judicial practice, the problems and causes of analysis resulted in no independent claim third of China's system, the crux of the problem so as to better for the Improvement of non-self - request the right to lay a solid foundation system of a third party.Part IV: Improvement of non-self-claim system, the idea of a third party. Also how to improve China's non-self-claim third system, first theoretical circles no independent claim on a third system, perfect the ideas and suggestions for simple overview and analysis, draw their own conclusions; followed by our country without independent third party claim subject to an independent third division and supporting participants; Finally, the two types of third-party system in the design and verification.