On The Third Party System Without Independent Claim In China

The idea of the third person action was proposed in the<The new draft Code of Civil Procedure of Republic of China> for the first time by Chen Jinkun in1984。Subsequently, the Supreme People’Court gave 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. The reason is that China’ Civil Procedure in the legislation only gives general provisions to the third party without independent claim, especially in judicial practice, the participation mode of the third party without independent claim, is unreasonable. That damages the legitimate of the third party without independent claim. We should set the litigation status of the third party without independent claim. We should establish the procedural safeguard for the third party without independent claim. We should make the system of the third party without independent claim effectively.This paper is divided into4parts. The first part of the paper introduces the basic content of the third party without independent claim. It includes the origin, the concept, the features and standard of the third party without independent claim. And this part introduces the significance of the establishment of the third party without independent claim.The second part of the paper investigates the legal of the third party without independent claim in other countries. This part also makes a comparison in our country and others.The third part of the paper describes the circumstances of the third party without independent claim in our country now. This part has put forward the problem of the third party without independent claim in our country.The forth part of the paper proposes the reconstruction of the system of the third party without independent claim. In this part, I discuss the value of the system of the third party without independent claim. Finally, by comparison with the third party without independent claim in other countries, I presents a number of recommendations to consummate the system of the third party without independent claim.