On Our Country No Independent Third Party System

The system of accessory intervener is a very important content in the system ofthe litigant. Study on this system is helpful not only to perfect the system of litigant butalso to protect the rights and interests of both the third party and the litigants. Thisthesis starts with the classification of accessory intervener, on the basis of which theauthor studies the forms of intervention in suit, the status of accessory intervener inlitigation and the validity in judgment. This paper is divided into four parts: Part One: The author redefines the concept of accessory intervener. And then theauthor introduces the historic evolution of accessory intervener system. The thesisexpounds the legislative value of this system, which is to pursue justice and efficiencyto realize the aim of the civil litigation and then analyzes it rationally. Part Two: The author points out the existing problems in the present legislation inour country. The status of accessory intervener in litigation is too vague to put it intopractice. The standard of distinguishing accessory intervener is unclear and there isalso a lack of statutes of their rights and obligations. Then this part puts emphasis onthe object of action and conflict of interests in law, which can help the readersunderstand the article better. Part Three: The author reviews the classification of the third party in the lawsuitin the foreign legislation. And then using the merits of classifications in foreigncountries and adopting a criterion whether the third party burdens civil liability or not,the thesis divides the accessory interveners between the third defense absorbed and theauxiliary interveners, and then introduces them separately. In our theory of theaccessory interveners, the party who should or may be ruled to undertake civil liabilityshould all be categorized to the third defense. The author holds that the way of the thirdparty as a defendant to enter into the lawsuit is to suit. The way of the supplementarythird party to enter into the lawsuit is applying to the court or being informed by thelitigants. Part Four: This part analyses the litigious standpoint and status of the two kinds ofthird party. The thesis carries out a research on the right of jurisdictional protest andthe civil liability of the two different types of accessory intervener, and admits the rightof jurisdictional protest of the third defense absorbed both in the action in chief and thethird party's action. It expounds the effect of the judgment on the two kinds of thirdparty having no independent claim right, focusing on the effect of the judgment on thesupplementary third party, which is "the effect to enter into the litigation".