Study Of A Third Party Litigation System

The system of the third party procedure is an important part of the civil procedure in both common law system and continental law system. There are some difference on design and operation of the system of the third party procedure in both legal system due to the difference of the history, tradition and logical idea . The USA, the third party procedure of which roots from the practice of common law and develop with the idea of equity, is the representative of the countries of comment law system. Current system of third party in America consists of impleader and intervention . Both rules aim at resolve of multi-claims or multi disputes rooting from the sane fact or action in one civil procedure . Such a system plays an important role in juridical practice . The system of the third party in the USA , whose function and value is important to the resolve of the cases related to the third party in the trial procedure, is designed specially and practice well. We can use such system for reference to restructure the third party system in our country in order to make up the disadvantages of ours.Besides the preface and the conclusion, this article is divided into six chapters.Chapter one is referred to a summerize on the third party procedure in the USA, which is the basis of the whole thesis. This chapter firstly studies the constituent part of the system of third party procedure in the USA and briefly describes the rules of impleader and intervention, and then find out the origin in common law, study the change of such system in equity. Finally three main value are described .Chapter Two is referred to deeper and more concrete study on impleader. This chapter studies concrete circumstance and conditions for the application of such rule through reviewing the definition and history. The discretion of the judge and jurisdiction are talked about in the same time. Chapter Three is referred to deeper and more concrete study on intervention. This chapter analyzes the characters by comparing such rule and impleader and describes the types and conditions for application of such rule through the application in the concrete case.Chapter Four briefly analyzes the application of counterclaim and inter-claims. Counterclaim and inter-claim are practiced very well in civil procedure in the USA, which help the system of the third party in the USA to have the full utilization.Chapter Five analyzes the system of the third party in the USA from a perspective of comparative jurisprudence and talks about the transplant of such system. The system of third party has unique characters and value comparing to the system in the countries of the comment law system and the system in the USA pays more attention to settling disputes entirely in one procedure . Currently there are a lot of problems in the system of the third party system in our country, which is the difficulty and focus in the reform of Chinese civil procedure. Using the system of the third party in the USA for reference provides a specific and applicable method for the reform and restructure of the system of the third party in China..