On Reconstruction Of The Independent Claim Of A Third Party System

Third Party with no independent right to claims is a procedure system with Chinese characteristics in civil litigation. Because of its characteristics and specialties, there exist some difficulties and problems in the litigation judicial practice. On the basis of modification of the Third Party procedure system and clarification of the Third Party with independent right to claims, this essay, through analyzing the situation and the legal tradition of China, attempts to restructure and set up by the method of comparative legal study a new system of Third Party with no independent right to claims and the relevant civil procedure system, which are in harmony with the current civil procedure system in China.The whole essay comprises seven parts as follows:Introduction: Taking a real case as an example, this part puts forward some current problems on the system of Third Party with no independent right to claims, and briefly illustrates the end, the method and the general thought of this essay.The First Part: A Clarification of Basic Theories. On account of the basis of further discussion, this part clarifies four relevant definitions, viz. Right of Action, Party, Subject Matter of Action and the Effect of the Judgment.The Second Part: An Introduction of Status Quo. This part gives an introduction of the current legal situation of and the current legal theoretical studies on the Third Party with no independent right to claims, and furthermore it analyzes and comments on the relevant legal practice issues and the leading theories on the system of Third Party with no independent right to claims.The Third Part: The Comparative Legal Study. By comparison of the relevant litigation systems among United States, France, Germany and Japan, this part, based on the conclusion of above four countries' Third Party system, thoroughly studies the causes and the reasons of legislation differences between Anglo-American law system and Continental law system, and among the countries of Continental law system.The Forth Part: The Restructure of the System of Third Party with no independent right to claims. On the basis of the Third Party mode selection, which, from the aspects of values and objectives of action, is decided by themethods of positive analysis and economic analysis, and the clarification of the Third Party with independent right to claims, this part restructures the system of Third Party with no independent right to claims, discusses the causes and reasons of this system, defines the litigious status of the Third Party with no independent right to claims, specifies the standards of intervention of Third Party with no independent right to claims, and finally illustrates the necessity of setting up two relevant civil procedure systems.Conclusion: From restructuring the system of the Third Party and of the Third Party with no independent right to claims by Status Quo analyzing and comparative law study, this essay achieves a final mode of Third Party system and a restructured system of Third Party with no independent right to claims,and this conclusion solves the problems advanced in the case from theIntroduction successfully.