Discusses Our Country Third Party Without Independent Claim System's Restructuring

Third Party without Independent Claim System (TPICS) is a system with uniqueness and much criticism in civil lawsuit. The legislator overly pursues substantive justice and judicial economy to add the regulation that a third party who is ordered to bear obligations by court is allowed into TPICS, whose prototype is the third party system of civil law system, mechanism of which is totally violated. The author analyzes the defect of TPICS, and explores the characteristics of third party system of civil law and common law typical countries, thus to restructure Chinese TPICS.The thesis is composed of five parts:Part 1: The author introduces the development history of TPICS, and lists relevant regulations of TPICS in Chinese law and justice, then concludes its relative theories in domestic theory circle, further gives analysis to its defects.Part 2: The comparison between third party system in civil law and in common law countries is analyzed to discover differences so as to provide reference for restructuring of Chinese TPICS.Part 3: The author exerts on restructuring TPICS in China. This thesis divides TPICS into intervention of obligation and auxiliary intervention. This part introduced TPICS of legislation value, the goal and the concrete mentality emphatically.Part 4: Intervention of obligation's construction. This part is on the basis of regulations about investigating third party obligations of TPICS, and introduces intervention of obligation, which learned from American importation of third party system. In addition, the thesis describes its definition, characteristics, ways and structures of accusing and some procedural problems.Part 5: Auxiliary intervention's construction. Auxiliary intervention is built and explained in accordance with auxiliary system in civil law countries.