No Independent Claim Third Person Concept Remodeling

The current "civil procedure law" to the third person without independent claim mainlyfrom two aspects: the way to participate in litigation and litigation status is defined. Thisprovision is not only words fuzzy indistinct definition, connotation, extension, and itself hasmany contradictions. No independent claim to a third person whether in accordance with theapplication or in accordance with the law court notice to participate in the litigation, are notcompletely litigants due process rights and real rights. Judgment, therefore, no litigation rightseven did not participate in the proceedings of the third person liable against modern lawsuitprinciple. This definition itself defects and contradictions cause theoreticaltranslation-theories, unable to reach consensus; Practice no unified standard, the operation ischaos.By Japanese auxiliary system of participants, at the same time, in the third personwithout independent claim system features and function, on the basis of in-depth analysis,clear legal status to a third party without independent claim, clearly defining the intension andextension of the third person without independent claim, which will be the concept of thethird person without independent claim reshaping is: in already (or in the coefficient state) ofthe lawsuit, this action results may affect the third person’s civil rights and obligations, as thethird person without independent claim, but can be in its own name or attached to participatein litigation, the parties to protect their civil rights or claims to support the claims of theparties. This concept foothold is the guarantee of human rights, in order to protect theprocedural rights to a third party without independent right of claim and entity rights for thepurpose.