On The System Of Independent Claim

The third party without independent claim system is an important one in our country's code of civil procedures litigation corpus. It plays an important part in realizing the economy of litigation, increasing litigation efficiency and maintaining the fairness of the judicator. But there exists antinomy and irregularity in the system itself, which causes different ideas about many important issues in the theories field and different methods in the judicatory practice. First of all, in our country's code of civil procedures, the third party without independent claim is placed in the chapter of the party concerned. Meanwhile, it has the right of the party concerned if sentenced to undertake the civil duty, which obviously differs the third party without independent claim from the party concerned. Only when sentenced to undertake the civil duty, can the third party without independent claim have the right of the party concerned, which makes its litigation position uncertain. Secondly, the uncertain statement about the " relation" can not offer the third party without independent claim the procedural guarantee. Thus , the make the court have more right to annex the third party without independent claim . At present, the theory field should open its vision, study and draw lessons from the third people litigation theory abroad, and make an extensive and thorough study about the ways to litigate and about the law position of the third party without independent claim system. In this situation, we should meet the needs of the reform of the code of civil procedures, offer the procedure guarantee to the third people, make the litigation economical, modify the present unreasonable the third party without independent claim system. All this is of realistic meaning.The above reason is the writer's motive to choose this subject. Beginning from the origins, development and function of the third people system, this paper expatiates the basic principle in the third people system. Combining the theory and focusing the different identification of the third party without independent claim, the paper puts forward two standards in entity and procedure. The entity standard is " being of juridical relation with the case result ". The core content is that the third people's duty, obligation is decided by the result of the case. It also define meaning and category of the " relation" which contain the right relation, the obligatory relation and right & obligation relation. The procedure standard mainly coordinates the relation between the third people the jurisdiction. It also discusses that the arbitration agreement, the jurisdiction agreement and the exclusive jurisdiction will block the coming of the third people. At the same time, combining the litigant principle, the paper states that it is improper to verdict the third party without independent claim to undertake the civil duty. That is the third people has to be sentenced without litigation, which is against the principle of litigation. The third people can not enjoy the procedure guarantee. Therefore, we can see that the third party without independent claim has no independent position in the whole litigation. Only with the court's judge, can the third party without independent claim acquire the litigation corpus position. Therefore, combining the extensive experience abroad, the paper states the current ways to litigation and the malpractice of the third party without independent claim. It also puts forward the concept of " special ways to litigation" and " supplementary ways to litigation " and suggests that we cancel the way of court notification and introduce the ways that the third party should be ushered in by plaintiff or defendant or by itself. This will decide the third people's litigation position when it attends the litigation and is sentenced to undertake the entity duty. Since we usually decide the third party without independent claim without limitation and reasons, this paper suggests that we should establish a system to qualify the third people's corpus an...