Research On The Third Party Without Independent Claim System

The third party without independent claim system has been established in our country by learning from the foreign system. The establishment of that system facilitates the realization of litigation, helps to prevent inconsistencies in court judges, and is conducive to safeguard the legitimate rights and interests of the parties and third parties. It is said in the second paragraph of the No.56Article in Civil Procedure Law that the third party can apply or be notified by the court to participate in the litigation when having legal interests in the case results even without independent claim on the object of action of both parties and has the same rights and obligations as the litigants if he bears civil liability. This is the basis of the third party without independent claim system establishment. And there are similar systems such as Auxiliary participation system of civil law and the defendant introduced system of common law.However, in both our existing legislation and judicial practice, provisions of the third party without independent claim are so simple, coarse and vague that they can’t cope with the multiplicity and complexity of the legal relationship of civil disputes, which leading to an imbalance of rights and obligations of the third party without independent claim. This imbalance has detrimental effects not only on lawsuit efficiency but also on judicial impartiality. So in this article, we will render suggestions to improve the third party without independent claim system on the problems in our judicial practice by taking advantages of other countries’system theory and aiming at our defects.This paper is divided into four parts. The first chapter is the overview of the third party without independent claim system including the concept and the existential value of the third party without independent claim system and its development and evolution, which provides historical and theoretical basis for the argument of this paper. The second chapter is the research of foreign third party without independent claim system. By comparing the third party related systems in the US., Germany and Japan, we analyze the difference and relationship between the civil law and the common law. This can provide a reference to help us improving the third party without independent claim system in our country. The third chapter is about the present system of the third party without independent claim in our country. It will show us the existing defects of the third party without independent claim system through the analysis of it in legislation, practice and institution. The last chapter is to envisage the third party without independent claim system reconstruction in our county. In one hand, we summarize the domestic modification suggestions referring to the researches of the above three chapters. On the other hand, in this chapter we divide the third party without independent into two different types of third party independent and assisting party and then provide analysis and argument for each type.