The Reconstruction Of The Third Person Of The Independent Claims In The Litigation System In China

The third party without independent right to claim is an important procedure system in Chinese characteristics civil law system.Because of its characteristics and specialties, there are some difficulties and problems in the litigation practice.On the basis of modification of the third party procedure system and clarification of the third party with independent right to claim,this essay through analyzing the situation and the legal tradition in China,attempts to restructure and set up by the method of comparative legal study a new system of third party without independent right to claim and the relevant civil procedure system,which are in harmony with the current civil procedure system in China.This paper is divided into four chapters beyond the introduction and concluding remarks:The first chapter introduces basic theories of the third party without independent right to claim,which mainly includes definition and characters of the third party without independent right to claim and,analyzes the prerequisites and value for the third party who participants the litigation.The second chapter focuses on legal comparative analysis on legislation,judicial practice and theories of third party with??independent right to claim in foreign countries such ad the United States,Germany,Japan and France.The conclusion is: although the systems of the third party are different in common and civil law system, they abide by the common law,is under the premise of ensuring justice,we should design the system to make the litigation economic and prevent contradictory judgment when the two interrelated cases are trialed in different proceedings,in order to balance the substantive rights and litigation rights of all parties.The third chapter introduces and summarizes legislation and judicial practice of the system of third party without independent right to claim in China,especially the problems occurred from the process of practice.The four chapter proposes the reconstruction of the system of third party without independent right to claim in China.In this part,firstly I discuss the value of the system of third party without independent right to claim,and then propose we should use the theory of action as our analysis tool.Then,I reference the doctrine of quasi—independent third party to reconstruct the system of the third party without independent right to claim.If the judge can predict that the party will use the fact or right determined by the judgment or mediation to confront the third party according to the suit information alld experience,According to the criteria,we divide the third party without independent right of claims into two parts:quasi—independent third party and auxiliary third party.Quasi—independent third party has the status of party and it is constrained by the right judgment.