Research And Reconstruction On Third Party Without Independent Claim

In modern society, because of the multiplicity and complexity of the legal relationship of civil disputes, the value and function of the third party system get more and more attention from the legislature and the judiciary. However, the current Civil Procedure Law of the provisions of the third party is very simple, especially for the provisions of the third party without dependent claim is rougher, it is hard to cope with the practical needs of complex disputes.For this situation, the paper selects the third party without dependent claim system as the research object by the research methods of history and comparative analysis, with a view to find a way to reconstruct and improve the third party without dependent claim system.This paper is divided into four chapters:The first chapter is the overview of the third party without dependent claim system. It includes two parts, the first part introduce the development and evolution of the third party without dependent claim system, The second part describes the basic problem of the third party without dependent claim system, it provides historical and theoretical basis for the argument of this paper.The second chapter studies and researches the foreign third party without dependent claim system. This part describes the third party system of civil law and common law, analyzes the differences of its basic structure, classification, system design and so on,and gets inspiration from the analysis, which can provide the reference and foundation for the reconstruction and improvement of the third party without dependent claim system.The third chapter reveals the drawbacks the third party without dependent claim system in legislation, institution and practice. Legislation is in conflict with judicial interpretation, relevant judicial interpretation is limited. Contradictions that exist within the system, a variety of ideas and action litigation is difficult to balance the conflicting requirements, which Lead to local protection and the judicial confusion in judicial practice, it can not achieve its legislative value.The fourth chapter describes the reconstruction ides of the third party without dependent claim system; it is the core of this paper. This part determines the reconstruction program of the third party without dependent claim system, which bases on the useful experience from abroad related systems and view of domestic scholars.Reference to the introduction of the United States third party system and the assistance to participate in civil law system, the paper divides the third party without dependent claim system into two types: third party defendant and assisting party. Then the paper designs the system according to its own specific situation, so that it can cope with the complex modern litigation and fill the gaps in legislation.