Research On The Third Party Without Independent Claim System

In modern society, because of the multiplicity and complexity of the legal relationship of civil disputes, both in the theory research and in the judicial practice, the importance of the third party without independent claim system is becoming more prominent. However, the current civil procedure law of the provisions of the third party is very simple, especially for the provisions of the third party without independent claim is rougher, it is hard to cope with the practical needs. So in this article the third party without independent system is the research object, with using a method of analysis on nations and outside to find a way to reconstruct and improve the third party without independent claim system.This paper is divided into four parts. The first chapter is about the overview of the third party without independent claim system. It includes the development and evolution of the third party without independent claim system and the basic problem of this system. It provides historical and theoretical basis for the argument of this paper. The second chapter researches the foreign third party without independent claim system. It includes the researches on civil law and common law, analyzes the differences of each other then gets inspiration from the analysis. The third chapter is about the present system of the third party without independent claim in our country. According to the analysis of this system in legislation, practice and institution, it shows the disadvantages of nation third party without independent claim system. The last chapter describes the suggestions of reconstructing the third party without independent claim system in our country. On the researches in the above and reference to the civil law and common law, the paper divides the third party without independent claim system into two types:third party independent and assisting party. Then the paper designs the system according to its own specific situation, so that it can cope with the complex modern litigation and fill the gaps in legislation.