Study On Perfection Of Third Party In China

Third party is an important part in civil litigation. In the circumstance of complex civil relations, the aim of this mechanism is to simplify lawsuits as far as possible, solve several lawsuits together and thus protect the legitimate interests of third party. However, in the system of the civil procedure of our country nowadays, because of reasons such as insufficient legislation, contradiction between laws and judicial interpretations, there are some defects both essentially and structurally lying in the institution of third party, which leaves some defects also in the theory system, and causes the difficulty of achieving the goal of legislation. The defects contain vague standard of participating lawsuits, the difficulty to explain the reason to undertake duty directly for third party with no independent right to claim. Thus, the legitimate interests of the parties and third party can't be protected conscientiously. On this premise, this paper explores this problem, and tries to propose the viewpoint of solving the difficulty.This paper introduces the institution of third party of foreign countries and compares the similarities and differences between the institution at home and abroad. Aiming at the problems and theory loopholes in third party of our civil procedure, this paper utilizes the advanced legislation experiences and combines the practical situation of China, and raises the suggestion to perfect third party institution of our country.This paper consists of introduction, text and conclusion, in which the text is divided into five parts. The first part is basic theory. This paper talks about the definition, history ,value and function of third party institution.The second part is research on foreign legislations. It tells the related legislation of American, France and Japan, and analyzes their contents and types.In the third part, it analyzes the types, definitions and important issues of third party with independent right to claim and third party with no independent right to claim, such as the definition of independent right to claim, the relation between third party with independent right to claim and necessary co litigation, the definition of relationship of interests legally, and the way and status to participate lawsuits for third party with no independent right to claim and so on.In the fourth part, it emphasizes the defects of third party with independent right to claim and third party with no independent right to claim.In the fifth part it proposed the suggestion that third party institution of civil procedure of China should be reconstructed. On the basis of assimilating advanced experiences from abroad, combining it with our practical situation and research achievements of others, the writer divided the pattern of third party into three new parts, third party as plaintiff, third party defendants and auxiliary intervener. Then it discusses the definition, structure and status of the three patterns separately.Through the studies above, the writer believe that it is a good way to solve the contradiction and problems existing in third party institution of civil procedure in China by means of reconstructing structurally in legislation. It would make the institution more reasonable structurally and can generally include all kinds of third party.