The Study On The Auxiliary Intervening System

The auxiliary intervening system belongs to the party system, the civil law countries and regions unique to the real meaning of the "no independent third party claim. "This article is divided into four parts. The first part introduces the system of third party litigation arising from the historical background and the two legal systems in the existing litigation between the third person, then the third person action, and supporting participation, the concept and characteristics of the definition and description, and then elaborated Participate in the meaning of the auxiliary system.The second part of the Integrated Germany, Japan, and Taiwan areas of legislation and doctrine, the participation of auxiliary elements to participate in the system, participate in the proceedings, legal status, litigation privilege, to participate in the effectiveness of aid to participate in joint action, inform the seven aspects of the litigation Careful combing.The third part of the secondary causes to participate in the system were investigated in this paper that the civil law "statute first " feature, structure adversary proceedings, the Civil Procedure Law of the proceedings fair value of the pursuit of litigation affecting the efficiency of assistance to participate in the system Major factor.The fourth part will be assisted to participate in the system with no independent claims of the third party system in the definition, elements, modalities of participation, participation status, participation in the five aspects of the comparison effect, no system of independent third party claim of many problems arising Root is implanted in its auxiliary system is not the responsibility to participate in the pursuit of function. Assistance to participate in civil law system to draw on the claim of a third party without independent transformation system is a viable path.