On Non-Independent Claim Right Third Parties: Comparison And Re-Construction.

This paper starts from the origin and value of third party system and raise outthe classification of defendant third party and affiliate third party according to voguecondition of non-independent claim right third parties and their rights could not besafeguarded and also provide related litigation status, rights and responsibilities.This paper applies comparison method to introduce thir party system incontinental law and common law system and also conducted fully demonstration ontheir good and bad points and also points that could be learned by China. Forcontinental law system, even though it does not distinguish defendant third party andaffiliate third party clearly, but it is complete in the regulations of affiliate thirdparties and its regulations could be referenced when re-constructing the third partysystem of non-claim rights. At the same time, leading system for third party inAmerica clearly regulates the litigation status of responsibility third parties and thissystem demonstrates values like procedural justice and no judgment without claim,etc and could also be taken as reference when constructing the system of defendantthird party.Conclusion upon checking of foreign law systems is that we could take goodpoints of continental law and common law system as reference and to re-constructour third party system. Re-construct part mainly describes four issues likeclassification of third parties, way of litigation participation, force of participationand standards of litigation participation and also raised dual-influence standards andflitering conditions to regulate scope of application of third party of non-independentclaim rights according to problems like vogue standards of litigation participationand abusement of third party system.