Reconstruction Of The System Of Intervenor With No Independent Right To Claims

The function of the system of the Third Party without Independent Claims mainly lies in maintaining social justice, promoting ecconomical litigation and avoiding contradictive judgement. The system of accessory intervenor in our country is born out of Civil Procedure Law Code of Soviet. And it develops on its own way on the basis of digesting and absorbing . But the present legislation in our country is too simple and shallow, so the most of theoretic researehers discuss this system in terms of the glossator .The opinions of all laws schools are variant. The confusion in the theory causes on sequenees that each judicial branch operates in his own way. So in this paper we try to start with classification and position in suit,rebuild our the Third Party without Independent Claims .This article is divided into five parts except the introduction and concluding remarks.The first part : Introducing the basic concept of the third part without independent right to claims in different countries.and by the way, giving out the the function of the system of accessory intervenor. The second part : The legislation, theory and practice of the main countries of two legal systems of the third party system in Japan,Germen and Amermic and compared with ours.The third part : Introducting the current legislation and practice, I summarize the problems existing in the system of the third party without independent right to claims.The fourth part : the current legal theoretieal studies on the Third Party without independent right to claims.The fifth part:in this part rebuilding the system of third party without independent right to claims, I introduce the doctrine on this system of China briefly,discusses the causes and reasons of this system, defines the litigious status of the third party without independent right to claims. and obligation of third party without independent right of claims.