The Protection On Rights Of Intervener With No Independent Right To Claims

The provisions of Intervener with no Independent right to Claims are much rough in China Civil procedural law and Judicial interpretation documents. In that case, the provisions and protection of intervener with no independent right to claims are much more less. It lead to the controversy in judicial practice, and foment regional protectionism. On one hand , the misuse and abuse of intervener with no independent right to claims system are caused by the illegibility in the relevant laws. On the other hand, for the reason of reference of system of investigating into misjudged cases, the courts may lessen the scope of application of intervener with no independent right to claims system to avoid professional responsibilities, as another extreme cases. Therefore, to made it's purpose, that is to make Justice economic adjust to draw a blank. So, it is necessary to complete the provisions of it. There're five sections except introduction and summary in this dissertation, trying to expound the rights of intervener with no independent right in judicial proceedings.The first section begins with the Status quo of protection on intervener with no independent right to claims , and then discuss and analysis the problems on it, including infringed procedural and substance rights, and analysis the reason for them, to make a conclusion that we should made more provision to protect the right of intervener with no independent right to claims.The third section study foreign provisions, and then analysis the classification of intervener with no independent right to claims, suggested that intervener with no independent right to claims in China can be classified as assisting participant and quasi-independent litigant. By considered it in judicial proceedings, we suggested that protection of intervener with no independent right to claims should be classified as procedural right to plea; procedural safeguards and rights about procedural safeguards. The fourth section discuss procedural right to plea, and intended to expand its protection in enter the action in chief. Mainly from lighten the power of subpoena, expand entrance regulations and more rights to plea, including objection to litigant and objection to the jurisdiction of a court, providing more pre-action remedies, in case of the abuse of intervener with no independent right to claims.The fifth section discuss procedural safeguards, mainly about the right of appeal. In different type of appeals caused by different parties, the third party should have different locus study and have different procedural rights.The sixth section focus on the rights about procedural safeguards. It is suggested that we can refer to Criminal Procedure law, to make procedural sanctions to who wrongly introduced intervener with no independent right to claims, and compensate by the degree of damage. So the loss of intervener with no independent right to claims could be least.