Research On The Third Party Without Independent Claim

The idea of the third person action was proposed in the for the first time by Chen jinkun in 1984, The third person action was provided in the< Supreme People's Court and the civil courts at all levels of summary trial procedures> in 1956 and the〈People's Court civil procedure system requirements (for trial implementation)〉in 1979. With the "PRC Civil Procedure Law" enacted, the third party without independent claim system has been established finally in our country. Subsequently,The Supreme People's Court gived a number of judicial interpretation for the participation problem of the third party without independent claim.The third party without independent claim in all kinds of subjects of civil litigation is very embarrassing in our country. The third party without independent claim is controversial in our country, The reason is China's Civil Procedure in the legislation only give general provisions to the third party without independent claim, and limit the right's of the third party without independent claim, especially in judicial practice, the participation mode of the third party without independent claim, is unreasonable.That damage the legitimate interests of third party without independent claim.The Status of the third party without independent claim lead the Chaos theory.That lead different opinions of the theoretical research and the confusion of the Judicial Practice Not only the judiciary can not be achieved to reduce costs, saving judicial resources. But also third party without independent claim 'rights was seriously undermined.so we need make a detailed provisions for the third party without independent claim.The provisions should include the participation mode and the litigation rights. We should set the litigation Status of third party without independent claim.We should establish the procedural safeguards for third party without independent claim.We should make the system of third party without independent claim effectivly.This paper is divided into five parts, the first part of the paper introduces the basic content of third party without independent claim. It includes the origin, the concept,the features and the standard of third party without independent claim. This part introduces the significance of the establishment of third party without independent claim.The second part introduces the circumstances of third party without independent claim in our country now.It includes the types of third party without independent claim and the stituation to the litigation of third party without independent claim.The third part describes the legal of third party without independent claim in other countrys. This part also make a comparison in our country and others. Part IV has put forward the problem of third party without independent claim in our country. Fifth section presents a number of recommendations to consummate the system of third party without independent claim.