No Claim Of Independence Of Third Party System Research In Our Country

The civil procedure law article 56 2nd section and related several civilian opinions, judicial interpretation constitute the framework of the civil procedures'no independent third party claim system. The no independent third party claim system as a procedural system, its purpose is to pursue litigation economy, so that we can resolute the dispute and save judicial resources better. But during the operation of the judicial practice, because of no independent third party claim systems'internal conflicts and the local protectionism, the legitimate interests of the no independent third party claim cannot obtain effective protection, instead, they become the victim of the relevant interests. In view of this, I will issue the idea that reconstruct our country's civil litigation no independent third party claim system according to China's national conditions, based on the analysis that the current civil litigation without independent claim's defects and shortcomings ,and the reference that the related third party system of the Civil Law country .This paper will be divided into three parts, the first is that summarize our country's civil lawsuit no independent third party claim system, and analyzed the system's problems and causes that existing in the practice; The second part, develop the related system of the three countries: Germany, Japan, the United States, and summarize the Third Party Civil Procedure's specific provision of the three countries. Further, I analysis the content: the legislative differences between continental law system country and countries of Anglo-American law system, the Third Party Civil Procedure's difference above civil law countries, as well as the mainland legal system and China. Base on the purposes of our civil suit litigation and the judicial traditional, we concluded that select the Japanese auxiliary system as the model of the Third Party Civil Procedure in our country. The third part, originally base on our country system, reconstructs China's civil litigation without an independent claim system. Analysis the way the auxiliary attend people attended, in litigation legal status, and the auxiliary attend range. Finally, illustrate the establishment of litigation system which related to the auxiliary attend system.